Published AAO appeal decisions

A quantitative analyst and vice president at a financial firm sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only leading role and high salary criteria, but failed on scholarly articles lacking major publication venues and original contributions lacking field-wide impact.

Software development executive in financial technology claimed extraordinary ability via membership, original contributions, critical role, and salary. AAO found only critical role criterion met, disagreed with director on salary, rejected membership and contributions as insufficient. Dismissed for failing three-criterion threshold.

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.

Strategic consulting firm sponsored senior trade and diplomatic advisor. Three criteria met: scholarly articles, leading role, high salary. Published material and original contributions rejected; articles not about beneficiary, letters lacked specifics. Appeal dismissed.

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.

A researcher employed as associate director sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading role. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or placement among the very top of the field despite meeting the threshold criteria.

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.

Pharmaceutical company petitioner sought to classify beneficiary as having extraordinary ability in their field. Although beneficiary met three initial criteria—judging, scholarly articles, and critical role—the AAO found she did not demonstrate sustained national or international acclaim or that she ranks among the very top of her field based on totality of evidence.

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.

A contemporary dance company sought O-1A extension for a principal dancer. The beneficiary trained at a university and held O-1 status with multiple prior extensions from 2007 to 2018. However, the visa is coded as O-1A (sciences, education, business, athletics) when the decision concerns arts/dance, which falls under O-1B. This is a miscategorization in the input.

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.

Chief technology officer sought EB-1A extraordinary ability classification. AAO found only one criterion clearly met (judging) and concluded record lacked sustained national or international acclaim or placement at top of field, dismissing appeal.

Field hockey coach employed by university. Met three initial criteria: published material, leading critical role, and high salary. Final merits analysis found sustained national and international acclaim through coaching clinics, publications, and extensive recognition. Appeal sustained; extraordinary ability classification approved.

Rhythmic gymnastics association petitioned for O-1A visa for a coaching beneficiary. Petitioner claimed membership, judging, and original contributions criteria. AAO found the unsigned letter insufficient for membership, no evidence of actual judging participation, and vague contribution descriptions, failing to meet three required criteria.

Industrial engineer employed as principal engineer sought EB-1A classification. Director found two criteria met (scholarly articles and high salary). Petitioner claimed third criterion regarding critical role; AAO rejected it. Three-criterion threshold not met; final merits not required.

A molecular diagnostics company employed a scientist claiming extraordinary ability in sciences. Director found four criteria met, but AAO reversed original contributions and high salary findings. With only two criteria solidly met and no showing of sustained national acclaim at field's top, appeal dismissed.

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.