Published AAO appeal decisions

Automation and control engineer employed by U.S. company sought EB-1A extraordinary ability classification. Met two criteria (judging and scholarly articles) but failed to meet required third criterion. Awards, membership, published material, and original contributions findings all insufficient. AAO affirmed dismissal.

A ballroom dance instructor and competitive athlete from Ukraine seeks O-1A classification. Only satisfied one of eight evidentiary criteria: judging. Awards lacked documented national recognition, membership requirements undemanding, published material regional not major, and salary not elevated. Decision held insufficient evidence to establish extraordinary ability.

A college television station petitioned for a cinematographer and broadcast associate as an artist of extraordinary ability. The appeals office found two criteria satisfied, exhibitions and critical role, and withdrew the director's judging finding. Awards, published material and original contributions failed, so the minimum of three was not reached and the appeal was dismissed.

Data scientist employed by software company sought extraordinary ability classification. Met judging and scholarly articles criteria. AAO dismissed appeal, finding the aggregate evidence—including moderate citations, completed projects, and above-median salary—insufficient to establish sustained national or international acclaim.

A fencing club petitioned for a fencing coach's O-1A classification. The beneficiary claimed extraordinary ability based on competitive fencing awards, coaching accomplishments, and refereeing experience. The AAO found only the judging criterion met; awards predated his coaching career and student achievements did not satisfy his own recognition requirement. Appeal dismissed.

An artist and businessperson sought EB-1A classification claiming multiple criteria. The AAO found published material insufficient, newspaper not major media, and original contributions lacking demonstrated major significance. Three criteria met not established.

A professional in historical preservation claimed extraordinary ability through awards, membership, publications, judging, and original contributions. AAO found evidence failed to meet plain language requirements: award belonged to another, membership lacked outstanding achievement condition, publications insufficient, teaching is not judging, letters lack originality demonstration. Dismissed for insufficient evidence.

Real estate professional claimed extraordinary ability based on innovative underwriting methodology and other criteria. AAO affirmed that judging criterion was met but rejected the original contributions claim because the beneficiary's involvement was insufficiently significant and showed no major field impact. Appeal dismissed.

A beneficiary sought EB-1A classification as executive director of clinical research. Director found only judging criterion met. Multiple contested criteria were abandoned by counsel on appeal. Beneficiary failed to establish three criteria minimum. Appeal dismissed.

Scientist petitioner met judging criterion but failed original contributions requirement. AAO found that letters referencing potential groundwork and foundation for future research did not demonstrate major significance as of filing date. Petition dismissed as burden not met for extraordinary ability.

An industrial engineer's employer-sponsored EB-1A petition met judging criterion but failed original contributions criterion. AAO found petitioner's time and motion analysis, though valuable to employers, did not constitute major significance in the field. Did not meet threshold for extraordinary ability. Appeal dismissed.

Colloid science researcher claimed extraordinary ability through peer review and published articles. AAO dismissed the appeal, finding peer review routine in the field and publications insufficient to demonstrate sustained acclaim or significant impact, failing to establish position among the very top.

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.

An engineer and power plant chief of operations sought EB-1A classification claiming membership, published material, original contributions, and commercial success. The AAO found the beneficiary failed all criteria: no qualifying membership, no published material about him, letters alone cannot establish original contributions of major significance, and no evidence he drove company revenue. Appeal dismissed.

Attorney in South Africa with counsel representation claimed extraordinary ability. AAO found petitioner successful but lacking sustained national or international acclaim at the very top level. Evidence included article from nine years prior, unpublished court decisions, and solicited letters, none demonstrating the major significance required for the classification.

An employer sponsored a beneficiary for EB-1A extraordinary ability in music education. The beneficiary did not meet multiple criteria; letters and certificates were insufficient evidence of sustained acclaim at the highest level. The AAO dismissed the appeal, finding the beneficiary had not distinguished herself above others nationally or internationally.

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.

Business strategist and developer claimed extraordinary ability in strategic brand management. AAO found evidence of talent but not sustained national or international acclaim or top-level status. Awards, publications, and influence claims all inadequately documented.

Telecommunications company petitioned for telecommunications engineer beneficiary as EB-1A. Beneficiary claimed original contributions via dispatch architecture invention. AAO found three criteria satisfied including original contributions and determined totality of evidence showed sustained national acclaim and extraordinary ability warranting approval.

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.

A business researcher petitioned for EB-1A extraordinary ability in business. The AAO dismissed the appeal, finding petitioner met only two required criteria; evidence of talent insufficient to establish sustained national or international acclaim or placement at the very top of the field.

Oil painter filed EB-1A petition with evidence of exhibitions in multiple countries. AAO found exhibitions criterion met but rejected awards, membership, and publications as lacking national or international recognition. Overall evidence insufficient to establish extraordinary ability at field's apex.

Biophysics researcher seeking EB-1A in sciences. Counsel submitted brief and evidence addressing awards, membership, judging, original contributions, and scholarly articles criteria. AAO upheld denial, finding only scholarly articles criterion met but overall evidence insufficient for extraordinary ability at very top level of field.