Published AAO appeal decisions

Counsel-represented economist formerly employed by Canadian Department of Finance claims extraordinary ability through awards, publications, critical role, and salary. AAO found witness letters insufficient primary evidence, publications not in major media, role subordinate, and salary unexceptional. Overall evidence failed to demonstrate top-tier status.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

A dance studio employer petitions for EB-1A classification of a beneficiary as extraordinary ability in the arts. The beneficiary claimed awards, published material, and leading role as dancer and coach. The AAO affirmed dismissal because the beneficiary met no criteria and showed insufficient sustained national or international acclaim at the very top level.

Counsel represented postdoctoral biomedical researcher in sciences. Petitioner met two criteria: original contributions via National Academy opinions and scholarly articles through sustained publication. AAO dismissed appeal, finding two criteria insufficient, no evidence of distinguished performance meriting small percentage at field top.

Counsel represented Chinese Peking Opera actor claiming extraordinary ability. Failed to meet three required criteria: awards lacked official documentation, membership was local-level only, and critical role unproven. Additionally, no evidence of continued work in expertise area or prospective employment plans required by regulation.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

Senior quantitative analyst in economics claiming extraordinary ability through scholarly articles and professional role. AAO held one criterion met but overall failed to establish sustained national or international acclaim. Evidence shows talent but not top-tier distinction required; peer review routine and salary comparison lacking.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner met two of ten criteria: published material and scholarly articles. However, the AAO found the evidence insufficient to establish sustained national or international acclaim or placement at the very top of the field. Appeal dismissed.

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.

Employer-sponsored dance coach and director claimed evidence for multiple EB-1A criteria. AAO found no criterion met and held that neither his dancer career nor coaching career established sustained national or international acclaim at the very top level.

Employer-sponsored biomedical researcher claimed six criteria for EB-1A extraordinary ability. AAO found two criteria met but required three, concluding petitioner failed to establish sustained national or international acclaim at the top level of the field.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.

Computer scientist sought extraordinary ability classification in intrusion detection systems. Petitioner claimed awards, membership, patents, scholarly articles, and leadership role. AAO found no major prize, no outstanding-achievement membership, and insufficient documentation of major contributions or sustained acclaim beyond affiliated institutions to meet at least three criteria.

Biomedical researcher seeking EB-1A classification met two criteria: original contributions and scholarly articles, evidenced by National Academy of Science endorsements and citations. The AAO dismissed the appeal, finding only two of three required criteria met and that evidence did not establish sustained national or international acclaim at the very top.

Pharmacokinetics reviewer at FDA sought EB-1A classification. The AAO found petitioner met only the scholarly articles criterion and failed to meet three required criteria. Evidence did not establish sustained national or international acclaim at the very top of the scientific field.

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.

Research chemist in supramolecular chemistry seeking EB-1A extraordinary ability. Petitioner claimed multiple criteria, met original contributions (novel compounds), but AAO dismissed appeal, finding only one criterion solidly met, insufficient judging and leading role evidence, and lack of sustained national or international acclaim required.

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.

Inventor and consultant in packaging and industrial machines sought extraordinary ability classification. AAO found petitioner met two criteria but required three; evidence of patented inventions lacked corporate confirmation of national impact and sustained implementation.

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.

Senior quantitative analyst for financial institution claimed extraordinary ability in business. Met original contributions criterion through cutting-edge forecasting work but failed membership, judging, critical role, and high salary criteria. AAO dismissed appeal; only one criterion met when three required.

Design director sought EB-1A extraordinary ability classification. Claimed awards, membership, published material, exhibitions, and leading role. AAO found only awards minimally satisfied and rejected other criteria. Petitioner failed to meet three-criterion threshold and lacked evidence of top field status.

A rhythmic gymnastics coach sought EB-1A extraordinary ability classification. The petitioner claimed Master of Sport designation and judging participation as evidence. The AAO dismissed the appeal, finding the coach failed to meet at least three required criteria and lacked sustained national or international acclaim as a coach rather than athlete.

Russian performer claiming extraordinary ability in theater and music. AAO found awards met one criterion but published material and critical role claims failed; local media coverage insufficient. Evidence did not establish sustained national or international acclaim at top level despite awards.

Biomedical researcher claiming extraordinary ability based on memberships, publications, scholarly articles, and original contributions. AAO found two criteria met but membership and leading role claims failed. Evidence did not establish sustained national or international acclaim at the very top of the field.