Published AAO appeal decisions

A company seeks O-1A classification for its financial vice president. The AAO found the beneficiary did not satisfy three required evidentiary criteria. Award evidence was not nationally or internationally recognized, membership and judging claims lacked comparability to regulatory standards, and the appeal was dismissed.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

Financial technology company petitions for beneficiary in fintech as extraordinary ability immigrant. Claimed six criteria; director found two met. AAO finds three criteria satisfied: judging, leading role, and scholarly articles via comparable evidence of trade show presentations. Matter remanded for final merits analysis on sustained acclaim.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

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.

Restaurant petitioned for O-1A classification of executive chef claiming extraordinary ability in the culinary arts. AAO dismissed appeal because beneficiary failed to establish any of the required evidentiary criteria, with evidence containing credibility and consistency issues.

Fitness company petitioned for bodybuilder beneficiary as O-1A extraordinary ability. Director denied on contract sufficiency and failure to meet three of eight criteria. AAO dismissed appeal, finding serious errors and discrepancies in employment contract, including two contracts for same period and unresolved inconsistencies, made appeal dispositive without reaching other grounds.

Product manager with doctorate in robotics and AI sought EB-1A extraordinary ability. AAO found three criteria met (awards, scholarly articles, leading role) but final merits analysis showed achievements insufficient for sustained national/international acclaim at top of field level.

A sports management company petitioned for a sumo wrestler seeking O-1A extraordinary ability. The applicant met only the awards criterion. Claims of membership in elite associations and published media coverage failed because the federation membership lacked documented outstanding achievement requirements and articles lacked proper attribution. Fewer than three criteria were satisfied so appeal was dismissed.

An employer sponsored a radiation oncology physician for EB-1A extraordinary ability. The beneficiary met judging and scholarly articles criteria but failed membership and published material criteria. Original contributions not shown to have major significance. Extraordinary ability sustained acclaim was not established. Appeal dismissed.

A martial arts school petitioned for O-1 classification for a coach. The beneficiary met only one criterion (judging). The AAO affirmed dismissal because membership and published material criteria were not satisfied and beneficiary failed to establish at least three of eight required criteria for extraordinary ability.

A skydiving center sought to employ a beneficiary as an O-1A nonimmigrant skydiving instructor. The beneficiary met only the awards criterion but failed to establish at least three required criteria overall; the appeal was dismissed because the petitioner could not satisfy the initial evidentiary threshold.

Beneficiary seeking EB-1A as athletic instruction school chief instructor and former competitor. AAO dismissed because beneficiary met only one of ten criteria (judging) when three required; lacks sustained recent national/international acclaim; record does not support extraordinary ability.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

Martial arts studio petitioned for instructor beneficiary for O-1A extraordinary ability in athletics. Beneficiary met only one of three required initial criteria and could not establish sustained national or international acclaim; appeal dismissed.

Media production agency petitioned for O-1A classification for senior vice president of production finance. AAO dismissed motions, finding only one criterion met and insufficient documentation of membership in associations requiring outstanding achievements judged by recognized experts.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.

A sports club petitioned for its coach, a former Olympic-level competitor, claiming extraordinary ability. The director accepted four criteria but denied on final merits regarding coaching recognition. The AAO sustained the appeal, finding the beneficiary reached the top as an athlete and sustained that acclaim as a coach.