Published AAO appeal decisions

The beneficiary is a radiochemist sponsored by a biotechnology company for extraordinary ability classification. Six criteria were claimed, with two found satisfied by the service center. The AAO dismissed the appeal because awards, published material, and contributions were not established, leaving fewer than three criteria, and acclaim at the top of the field was not shown.

Fencing club petitions for fencing master's O-1A extraordinary ability. AAO found only one of eight criteria met. Awards criterion failed because evidence showed students' achievements, not beneficiary's own. Judging criterion failed due to uncorroborated self-serving assertions. Appeal dismissed.

A beamline scientist at a Department of Energy facility claimed extraordinary ability under seven criteria. The AAO found three initial criteria met but concluded the totality of evidence did not establish sustained national or international acclaim or placement among the small percentage at the very top of the field, therefore dismissing the appeal.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

A tattoo arts studio petitioned for O-1A classification for a tattoo artist. The petitioner claimed extraordinary ability through a 2022 award and lead performances at multiple events. The AAO found the award lacked standing and that participation in events did not demonstrate starring or lead roles, dismissing the appeal.

AI technology company petitioned for O-1A classification of chief technology officer. Beneficiary met only one criterion (judging); awards, membership, and published material criteria were not satisfied. Appeal dismissed because beneficiary could not meet minimum three criteria requirement for extraordinary ability.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

A company seeks O-1A classification for its financial vice president. The AAO found the beneficiary did not satisfy three required evidentiary criteria. Award evidence was not nationally or internationally recognized, membership and judging claims lacked comparability to regulatory standards, and the appeal was dismissed.

Dance choreographer sponsored by dance studio for O-1A visa. Claimed significant awards and multiple evidentiary criteria. AAO affirmed denial, finding insufficient evidence of nationally or internationally recognized award and failure to meet at least three alternative criteria required for extraordinary ability.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

A postdoctoral research scientist in regenerative medicine sought EB-1A classification. The AAO dismissed because she met only one of three required criteria: judging lacked specificity and original contributions lacked evidence of major significance to the overall field.

Software engineer in Canada employed by Twilio met two of four claimed criteria but not three required. AAO rejected awards claim, rejected comparable evidence argument for awards, rejected salary claim with new evidence, and dismissed without final merits review.

Artistic director and drama teacher seeks O-1A classification. Petitioner claimed eligibility under multiple criteria but established only one. Director found insufficient evidence of lead roles in distinguished productions and inadequate testimonials from recognized experts. Appeal dismissed as beneficiary did not meet minimum three-criterion requirement.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

Software company petitioned for product design director as EB-1A extraordinary ability. Petitioner claimed six criteria but director found none met. AAO affirmed, finding app features, vague judging letters, and design contributions insufficient for national or international acclaim required for extraordinary ability classification.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

An automotive glass manufacturer petitioned for an employee with experience in judging and scholarly publications in the field. The AAO found the beneficiary met two criteria but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

Pharmaceutical microbiology production manager seeking EB-1A extraordinary ability classification. AAO found petitioner did not meet initial evidence requirements; failed to establish three alternate criteria. Awards lacked documented recognition for field excellence; published material insufficient; no sustained national or international acclaim demonstrated.

A physician in diagnostic radiology residency seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding only two criteria met and concluding the beneficiary lacks the sustained national or international acclaim required for the small percentage at the very top of the field.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.