Published AAO appeal decisions

An engineering services company petitioned for an engineer and data scientist beneficiary. Claimed four criteria: judging, original contributions, scholarly articles, and leading role. AAO affirmed only two criteria (judging and scholarly articles) met; original contributions lacked demonstrated major significance and leading role lacked institutional evidence. Appeal dismissed.

A cybersecurity firm sponsored a beneficiary software engineer. Director initially found three criteria met (judging, original contributions, scholarly articles) but final merits analysis found no sustained acclaim. Petitioner filed motion to reopen; Director dismissed motions. AAO affirmed dismissal on procedural grounds without reaching underlying petition merits.

University employer sponsored campus biological safety officer for EB-1A extraordinary ability. Beneficiary met three of ten evidentiary criteria: judging, scholarly articles, and critical role. Final merits analysis found record insufficient to demonstrate sustained national or international acclaim or small-percentage status at top of biological safety field.

Television production and publishing company petitioned for executive editor and journalist beneficiary for O-1A extraordinary ability visa in business. Petitioner claimed seven criteria but failed to establish major internationally recognized award or three alternate criteria. Award lacked recognition, article timing invalid, judging participation unproven. Appeal dismissed.

An employer petitioned for an engineer to receive EB-1A extraordinary ability classification. The beneficiary met two of ten criteria (judging and scholarly articles). On appeal, the AAO held the beneficiary failed to meet the required three criteria threshold because contributions lacked demonstrated major significance and sustained acclaim in the field was not established.

Art museum as employer-sponsor for curator beneficiary seeking extraordinary ability classification. Met judging, published material, and leading critical role criteria. Final merits determination sustained: beneficiary demonstrated sustained acclaim and recognition at top of field. Appeal sustained.

An employer sponsored an agricultural data scientist for extraordinary ability. The AAO agreed she met two criteria: scholarly articles and peer review judging. However, the petitioner failed to meet the three-criterion threshold. Original contributions and critical role claims were unsubstantiated. Appeal dismissed for insufficient evidence.

An art director and photographer sought EB-1A classification, claiming six criteria. The AAO found four criteria met (awards, published material, judging, exhibitions), exceeding the three-criterion threshold, but dismissed because the totality of evidence did not establish sustained national or international acclaim or top-tier status.

Company president and scientific instrumentation developer demonstrated extraordinary ability through peer review work, scholarly articles, leading roles with distinguished company, and original marine geology contributions. AAO sustained appeal finding sustained acclaim at very top of field.

A physicist employed by a university as assistant professor claimed extraordinary ability for O-1A visa. Petitioner met three criteria but AAO found insufficient evidence of sustained national or international acclaim or place among small percentage at field's very top. Judging of nine journal articles and publication record lacked comparative evidence showing top-tier status.

A vice president and chief content officer at a media company sought EB-1A classification. She met three criteria: judging, leading role, and high salary. However, the AAO found the totality of evidence insufficient to establish sustained national or international acclaim required for extraordinary ability.

Project commercial manager in rail transportation claims extraordinary ability. AAO found judging evidence lacks specificity and documentation. Final merits analysis shows work on high-profile projects insufficient to establish sustained national or international acclaim at field's top.

Chinese dentist and research center director sought EB-1A extraordinary ability classification. Met judging and scholarly article criteria but AAO found only two of three required criteria established. Final merits analysis concluded petitioner lacks sustained national or international acclaim and is not among small percentage at top of dental field.

A director of program management in biomedical sciences sought EB-1A classification. He met three criteria: peer review, scholarly articles, and leading role. The AAO found the evidence insufficient to demonstrate sustained national or international acclaim or placement at the very top of the field, dismissing the appeal.

A semiconductor staff engineer sought EB-1A extraordinary ability classification. The AAO dismissed because he satisfied only two of ten criteria: judging and leading critical role. Original contributions lacked evidence of major significance in the field, and the record did not demonstrate sustained national or international acclaim.

AI researcher employed by data and news company met initial three criteria: judging, scholarly articles, high salary. Final merits analysis found no sustained national or international acclaim. Citation counts and letter writers' conclusions not supported by corroborating documentary evidence of field-wide impact. Appeal dismissed.

A taekwondo school sought to extend O-1A classification for an athletic trainer with prior approvals. The AAO dismissed a motion to reconsider, holding that prior extensions do not bind current decisions and the beneficiary failed to demonstrate three of eight required criteria or a major internationally recognized award.

Postdoctoral molecular biology researcher seeks EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO held that citations and journal prestige alone do not demonstrate contributions of major significance in the field.

Law firm petitions for instructional coordinator with doctorate in literature as EB-1A extraordinary ability applicant. Petitioner claimed four criteria met. AAO dismissed, finding none adequately established: awards were mere participation acknowledgments; published material not about beneficiary; judging unconfirmed; contributions lacked demonstrated major significance.

A law firm petitioned for its instructional coordinator, a literature scholar and former professor, as an extraordinary ability alien. The director found two criteria met. The AAO agreed on scholarly articles but withdrew the judging finding and rejected awards and published material, so three criteria were not satisfied and top-of-field standing was not shown.

Assistant professor of anesthesiology sought EB-1A extraordinary ability classification. Met judging criterion but failed three others. Published material did not qualify; original contributions, though evidenced by modest citations and presentations, lacked major significance; leading role unsupported; evidence did not demonstrate elite status. Appeal dismissed.

A law firm petitioned for a beneficiary in an advisory role claiming extraordinary ability. The AAO affirmed the service center's finding that the beneficiary met only judging and scholarly articles criteria. The decision rejected original contributions as major significance and leading role claims. The beneficiary lacked sustained national or international acclaim required for extraordinary ability.

A firearms company sought extraordinary ability classification for its chief financial officer with prior international banking experience. AAO dismissed the appeal, finding beneficiary met only two of six claimed criteria and lacked evidence of sustained national acclaim or top-tier status.

Sports medicine physician employed by medical center. Met three initial evidentiary criteria: judging, leading critical role, and scholarly articles. AAO dismissed on final merits, finding evidence insufficient to demonstrate sustained national or international acclaim or placement among very top of field.

Systems analyst specializing in ERP and business intelligence sought EB-1A through attorney petitioner. Claimed four criteria; AAO found two met but insufficient for extraordinary ability. Record lacks evidence of sustained national or international acclaim required for top-tier classification.