Published AAO appeal decisions

An architectural designer employed by a real estate development company sought O-1A classification. Petitioner claimed eight criteria but only met two. AAO found published materials insufficient, lead role claim unsupported by evidence that beneficiary merely interned, and testimonials from colleagues lacked demonstrated recognition outside that circle. Appeal dismissed.

Soccer academy petitioned for soccer coach as O-1A nonimmigrant athlete of extraordinary ability. AAO dismissed appeal; beneficiary failed to meet any of eight evidentiary criteria, missing major award or three qualifying forms of documentation.

E-commerce gourmet meal delivery CEO sought EB-1A extraordinary ability. Employer-petitioner showed beneficiary met published materials and leading role criteria. AAO dismissed because only two criteria met and no major award, finding insufficient evidence of sustained national or international acclaim.

Software engineer employed by online marketplace seeks EB-1A. Met judging and high salary criteria but only two of three required. AAO found insufficient evidence of sustained national or international acclaim or position among the very top of the field of software engineering.

Software design company petitioned for visual designer beneficiary claiming extraordinary ability. Beneficiary claimed awards, leading role, and one other criterion. AAO found only two criteria met, insufficient for eligibility, and did not reach final merits determination.

A newspaper petitioned for a graphics and multimedia editor as extraordinary ability alien. Beneficiary claimed awards, published material, original contributions, leading role, and high salary. AAO dismissed, finding no major award and only two criteria met, but three required; work shows team contribution, not individual sustained acclaim at field's top.

Creative director claimed extraordinary ability through six criteria including awards, membership, published material, and original contributions. AAO found only judging criterion met; awards were team-based, memberships did not qualify, published material requirement unmet, and designs lacked major significance. Appeal dismissed.

Dog handling company seeks O-1A classification for professional handler. Beneficiary established one criterion: awards. Membership and high salary criteria not met; other claimed criteria not analyzed. Petition also failed contract requirement. Appeal dismissed for insufficient evidentiary criteria and missing employment contract.

Digital graphics designer employed by a company seeks EB-1A classification claiming awards, published material, leading role, and high salary. AAO found only leading role criterion met. Award lacked proof of national recognition, articles were about company not individual, and salary lacked comparative evidence. Appeal dismissed.

Senior electrical engineer and project manager sponsored by employer. Met judging, scholarly articles, and high salary criteria but failed final merits. Despite satisfying three initial criteria, record insufficient to establish sustained national or international acclaim or status among very top professionals in field.

A gymnastics school petitioned for a gymnast-turned-coach as an athlete of extraordinary ability, claiming five of ten criteria. The AAO found the awards criterion met but rejected membership and published material, and the record did not show three criteria satisfied. The appeal was dismissed, with no full final merits analysis.

A Chinese language teacher at a private high school sought O-1A classification for extraordinary ability in education. The petitioner claimed the beneficiary met two of eight evidentiary criteria through awards and professional memberships. The AAO found neither criterion satisfied because the awards lacked national or international recognition and the associations did not require outstanding achievement for membership.

A taekwondo school sought O-1 extension for an athlete-turned-instructor. The AAO found beneficiary satisfied none of eight evidentiary criteria: awards lacked proper translation and recognition, membership reflected experience not achievement, published material was incomplete, and judging duties were administrative. The AAO dismissed the appeal.

Record label petitions for creative director as EB-1A extraordinary ability in arts. Beneficiary met two criteria (leading role, high salary) but petition failed because petitioner could not demonstrate three minimum criteria: awards were not nationally recognized, membership lacked evidence of outstanding achievement requirements, and published material lacked proper documentation.

Ballet dancer and instructor petitioned by ballet company. Claimed four criteria: exhibitions, awards, published material, and leading/critical role. AAO found only exhibitions met, rejecting awards for lack of recognition evidence, published material for insufficient focus and source quality, and critical role for failure to show responsibility for organizational success.

Software engineer at memory storage company claimed extraordinary ability based on awards, judging, publications, and salary. AAO found judging and publications met but awards insufficient, original contributions unproven despite citations, and salary merely above median. Dismissed because only two criteria met and final merits lacking.

Animation designer sought O-1A extraordinary ability classification for nonimmigrant employment extension. Petitioner claimed significant awards and alternative criteria but AAO found awards insufficiently documented and lacked national/international significance. Insufficient documentation of distinguished productions or other required criteria. Appeal dismissed.

A violinist seeks EB-1A classification through an employer petitioner. Claimed judging, exhibitions, published material, membership and awards. AAO found three criteria met but dismissed appeal because evidence does not demonstrate sustained international acclaim or placement among the very top violinists.

Data scientist employed by software company for agricultural analytics sought EB-1A classification. Petitioner claimed seven criteria and argued three were met. AAO found three criteria satisfied but determined evidence does not demonstrate sustained national or international acclaim or small percentage status required for extraordinary ability.

A symphony orchestra petitioned to employ a pianist as O-1A nonimmigrant. The petitioner claimed extraordinary ability through awards, lead performer status, published recognition, and commercial success. The AAO found the petitioner failed to demonstrate a significant national or international award and satisfied none of four claimed evidentiary criteria, dismissing the appeal.

A mental training company petitioned to employ a life coach for O-1A classification in sciences. The appeal was dismissed because the beneficiary failed to meet the major award criterion and did not satisfy three of eight evidentiary criteria; testimonials and salary evidence lacked required corroboration and specificity.