Published AAO appeal decisions

Employer petitions for pain management physician with neurology research background claiming extraordinary ability. Beneficiary claimed four criteria; only two met: judging and scholarly articles. Original contributions lack concrete evidence of major significance to field; leadership roles not sufficiently demonstrated. Falls short of three-criterion threshold.

Clinical director in implant dentistry petitioner claimed five criteria; service center found only one met. AAO found beneficiary also met judging and critical role criteria on de novo review. Case remanded for final merits determination assessing whether sustained acclaim and top-tier status 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.

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.

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.

An anesthesiologist beneficiary of an employer-sponsored petition claimed extraordinary ability. The AAO rejected all criteria analyzed, finding that training residents, institutional affiliation, and solicited letters do not demonstrate sustained national or international acclaim required for the classification.

An employer petitioned for O-1A classification of an endocrinologist for temporary three-year employment. The AAO held the beneficiary met only the membership criterion but failed to establish three criteria overall and lacked sustained national or international acclaim required for extraordinary ability.

A medical professional in anesthesia and critical care claimed extraordinary ability through awards, memberships, judging, publications, and institutional role. The AAO found none of the criteria met: exam results are not awards, memberships required only completion, judging lacked national recognition, publications lacked citation evidence, and institutional role was not at distinguished level. Appeal dismissed for insufficient evidence of sustained acclaim.

Healthcare professional beneficiary; employer petitioned for extraordinary ability classification. AAO found beneficiary met two criteria but evidence fell far short of third required. Awards and membership established, but original contributions, leading roles, and publications failed to demonstrate sustained national acclaim at highest level.