Published AAO appeal decisions

A petroleum engineer and manager at a multinational company met three initial criteria but lacked national or international acclaim in the aggregate. The AAO dismissed the appeal, finding his recognition limited to his employer rather than the field.

Data scientist employed by software company for agricultural analytics sought EB-1A classification. Petitioner claimed seven criteria and argued three were met. AAO found three criteria satisfied but determined evidence does not demonstrate sustained national or international acclaim or small percentage status required for extraordinary ability.

An assistant research professor in business met three criteria: judging, scholarly articles, and critical role. The AAO sustained on final merits, finding high citation impact, sustained publications, widespread software use, significant patents, and innovation demonstrate he ranks among the very top in his field.

A symphony orchestra petitioned to employ a pianist as O-1A nonimmigrant. The petitioner claimed extraordinary ability through awards, lead performer status, published recognition, and commercial success. The AAO found the petitioner failed to demonstrate a significant national or international award and satisfied none of four claimed evidentiary criteria, dismissing the appeal.

A humanitarian aid organization petitioned for beneficiary co-founder of human rights organizations in Nigeria. Director found one criterion met; beneficiary met only leading or critical role. Appeals of awards and published material criteria failed. AAO dismissed for meeting only one of three required criteria.

A car restoration company sponsored a Brazilian restoration designer and fabricator for O-1A visa. Director found one criterion met (significant recognition). Petitioner claimed five others on appeal. AAO found none met: no evidence of future lead role, no national recognition in major publications, no commercial success, and prospective salary not demonstrably high for the field.

A youth soccer academy petitions for O-1A classification for an experienced soccer coach. The academy claimed five criteria but satisfied none. The AAO upheld dismissal because the beneficiary failed to meet the threshold of at least three criteria through proper initial evidence.

An architect with over 25 years experience sought EB-1A classification. The AAO found four criteria met: published material, exhibitions, leading role for distinguished organization, and high salary. The aggregate evidence demonstrated sustained national acclaim and placement among the very top of the field.

A sculptor seeks O-1A visa. The decision affirms dismissal of the appeal on a motion to reconsider, finding the petitioner failed to meet evidentiary criteria for awards or critical roles, did not submit qualifying comparable evidence, and provided insufficient detail about employment terms and scheduled activities.

Marketing manager petitioned by employer for O-1A extraordinary ability in business. Petitioner claimed two regulatory criteria and comparable evidence under letters of recommendation. AAO held petitioner met only two criteria but required three; comparable evidence unavailable because petitioner failed to show criteria do not readily apply to occupation.

An employer petitioned for an animator in EB-1A classification claiming extraordinary ability. The AAO found the petitioner failed to establish three qualifying criteria: awards were given to films, not the individual; published material was not about the beneficiary; and the animator's role was not shown as leading or critical to organizational success.

Employer petitioned for scientist beneficiary claiming extraordinary ability in sciences. AAO upheld denial, finding one criterion met but three required; letters and salary evidence insufficient for major significance; failed to demonstrate beneficiary among small percentage at field top.

Jockey claimed extraordinary ability in athletics through awards, published materials, and critical role. AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim at the very top level of the profession.

Entertainment company petitioner sought classification for beneficiary Vice President as extraordinary ability immigrant. AAO affirmed denial, finding beneficiary failed to meet any of five claimed criteria and lacked evidence of sustained national or international acclaim at very top level.

Employer-sponsored blues musician petition. The AAO found beneficiary met at least three criteria through magazine awards, publications, gold records, and festival performances. Aggregate evidence demonstrated sustained national acclaim and extraordinary ability in the performing arts. Appeal sustained and petition approved.

Beneficiary executive sous chef sought EB-1A classification through employer petition. Claimed awards and critical role criteria. AAO found award not nationally or internationally recognized and sous chef position not sufficiently critical. Overall evidence insufficient to establish sustained acclaim at very top of culinary field.

A medical scientist's EB-1A petition was initially approved then revoked by California Service Center. AAO upheld revocation, finding petitioner failed to satisfy three regulatory criteria and lacked sustained acclaim placing him at the top of his scientific field.

An electrical engineer petitioned for EB-1A extraordinary ability in sciences. The AAO sustained the appeal, finding petitioner met three regulatory criteria through invention of significant microwave technology, substantial publications, and important contributions to the research field, demonstrating sustained acclaim.

Film and theater performer sought EB-1A classification through awards, membership, leading roles, and commercial success. AAO dismissed appeal, finding only one criterion met and evidence insufficient to show petitioner among small percentage at top of field.