Published AAO appeal decisions

Public school employer petitioned for high school science teacher beneficiary as extraordinary ability. Beneficiary met only two criteria: judging and high salary. Award not major and internationally recognized. Did not meet three-criterion threshold or demonstrate sustained acclaim. Appeal dismissed.

Restaurant petitioned for O-1A classification of executive chef claiming extraordinary ability in the culinary arts. AAO dismissed appeal because beneficiary failed to establish any of the required evidentiary criteria, with evidence containing credibility and consistency issues.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

Employer-sponsored Spanish language instructor using art to teach foreign languages sought EB-1A. Met two criteria: judging and critical role. AAO dismissed because record lacked sufficient evidence of sustained national or international acclaim required for extraordinary ability.

An employer sponsored a radiation oncology physician for EB-1A extraordinary ability. The beneficiary met judging and scholarly articles criteria but failed membership and published material criteria. Original contributions not shown to have major significance. Extraordinary ability sustained acclaim was not established. Appeal dismissed.

Researcher in life sciences with doctoral degree from Chile sought EB-1A extraordinary ability. AAO found three criteria met: scholarly articles, original contributions, and judging. Final merits determination confirmed sustained national acclaim and revolutionary research impact on medical practice, warranting extraordinary ability classification.

Research associate in physics seeks EB-1A extraordinary ability classification. Met three of ten initial evidentiary criteria including judging and scholarly articles. AAO held evidence insufficient for final merits determination; routine research activities and limited recognition do not establish sustained acclaim or top-tier status required for extraordinary ability.

A martial arts school petitioned for O-1 classification for a coach. The beneficiary met only one criterion (judging). The AAO affirmed dismissal because membership and published material criteria were not satisfied and beneficiary failed to establish at least three of eight required criteria for extraordinary ability.

A skydiving center sought to employ a beneficiary as an O-1A nonimmigrant skydiving instructor. The beneficiary met only the awards criterion but failed to establish at least three required criteria overall; the appeal was dismissed because the petitioner could not satisfy the initial evidentiary threshold.

Beneficiary seeking EB-1A as athletic instruction school chief instructor and former competitor. AAO dismissed because beneficiary met only one of ten criteria (judging) when three required; lacks sustained recent national/international acclaim; record does not support extraordinary ability.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

Martial arts studio petitioned for instructor beneficiary for O-1A extraordinary ability in athletics. Beneficiary met only one of three required initial criteria and could not establish sustained national or international acclaim; appeal dismissed.

Professional auto racing team petitioned for an engineer employed since 2016. Petitioner met three evidentiary criteria but AAO found the totality of evidence insufficient to demonstrate sustained national or international acclaim or position among the very top of the field of automotive engineering.

A mathematical researcher petitioned by a financial management business for EB-1A classification. Four criteria were met: judging, scholarly articles, critical role, and high salary. However, the AAO 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.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.

Infectious disease physician with medical training and fellowship sought EB-1A extraordinary ability classification. Claimed three criteria beyond two already met (judging, scholarly articles). AAO affirmed that original contributions did not demonstrate major field significance; citation counts and expert letters insufficient. Evidence collectively showed no sustained acclaim or position among field elite.

A computer executive employed as technical architect sought EB-1A extraordinary ability classification. The AAO found two criteria met but rejected membership and concluded evidence did not demonstrate sustained national or international acclaim. The petitioner was progressing toward the top rather than established at the very top of the field.

A country club filed a motion to reopen and reconsider an O-1A denial for a tennis director. The AAO dismissed both motions for failure to meet procedural requirements: the motion lacked required statement about prior judicial proceedings and did not present proper cause, making merits review unnecessary.

Postdoctoral biochemistry researcher sought extraordinary ability classification. Met only two of ten criteria despite claiming four additional ones on appeal. AAO found insufficient evidence of sustained national or international acclaim or position among very top of field.