Published AAO appeal decisions

An employer petitioned on behalf of a top executive for extraordinary ability classification. The AAO withdrew the service center's previous findings on two criteria: membership and high salary. With fewer than three criteria met, the threshold initial evidence requirement failed. The AAO declined to reach final merits. Appeal dismissed.

Technology company petitioned for senior director in customer experience as EB-1A extraordinary ability. Employer established at least three evidentiary criteria, but AAO found limited, recent evidence does not demonstrate sustained acclaim or placement among small percentage at top of field; appeal dismissed.

A marketing director for a luxury resort wear company sought extraordinary ability classification through employer petition. Claimant submitted five criteria but failed three regarding awards, publications, and critical role. AAO declined final merits review after finding insufficient initial evidence threshold satisfaction.

Business manager specializing in supply chain management and strategic purchasing sought EB-1A classification. Director found one criterion met; AAO withdrew this finding. Petitioner failed to establish three required criteria: published materials concerned employer not petitioner; support letters for original contributions lacked detail and corroboration; record showed no sustained acclaim at top of field. Dismissed.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

Fish market petitioner seeks extraordinary ability classification for beneficiary in business. Appeal dismissed summarily because petitioner failed to identify any erroneous conclusion of law or fact in the service center's denial and did not contest any aspect of the decision.

Investment firm petitioned for investment banking executive beneficiary claiming six criteria. AAO found at most one criterion met and rejected the director's published material finding, concluding petitioner failed to establish extraordinary ability or the three-criterion threshold.

Beauty products company petitioned for executive with extraordinary ability in business. Although the beneficiary met published material and leading role criteria, she failed to establish three total criteria and lacked sustained national or international acclaim required for EB-1A.

A vice president and chief content officer at a media company sought EB-1A classification. She met three criteria: judging, leading role, and high salary. However, the AAO found the totality of evidence insufficient to establish sustained national or international acclaim required for extraordinary ability.

Project commercial manager in rail transportation claims extraordinary ability. AAO found judging evidence lacks specificity and documentation. Final merits analysis shows work on high-profile projects insufficient to establish sustained national or international acclaim at field's top.

SAP planning specialist employed by biopharmaceutical manufacturer claimed four additional criteria beyond two initially found met. AAO rejected awards, membership, and high salary findings; rejected final merits step finding insufficient sustained acclaim or position at top of field.

A firearms company sought extraordinary ability classification for its chief financial officer with prior international banking experience. AAO dismissed the appeal, finding beneficiary met only two of six claimed criteria and lacked evidence of sustained national acclaim or top-tier status.

Attorney petitioner for management analyst beneficiary claimed four criteria; Director found two met. AAO affirmed only two met and rejected original contributions and leading critical role findings; appeal dismissed as threshold three criteria not satisfied.

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.

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 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 food manufacturing company petitioned for its beneficiary as an EB-1A extraordinary ability individual in business. The AAO summarily dismissed the appeal because the employer failed to identify specific erroneous conclusions in the service center denial and provided no additional evidence regarding the beneficiary's qualification.

Restaurant worker claimed extraordinary ability through employer accolades and other criteria. AAO held that restaurant rankings and awards do not satisfy the awards criterion, which requires personal documentation of excellence. Petitioner failed to meet three-criterion requirement. Appeal dismissed.

An employer-sponsored beneficiary for a vice president position sought EB-1A extraordinary ability classification. The AAO found counsel failed to specify which documentary evidence related to claimed criteria, and the beneficiary's professional certification and education alone did not demonstrate he met the required three criteria or achieved sustained national or international acclaim.

Real estate company petitioned for beneficiary as extraordinary ability alien in business. AAO summarily dismissed appeal for failure to identify specific director errors or provide promised brief and evidence within eighteen months.

Urban developer sought EB-1A classification. Claimed eligibility under awards criterion, arguing event venue selection constituted national acclaim award. AAO rejected argument, holding awards must be personally received by alien not derived from organizational affiliation, and found evidence insufficient for sustained national or international acclaim.

Business professional's petition for extraordinary ability lacked extensive documentation of sustained acclaim. Beneficiary claimed to meet at least three regulatory criteria but petitioner failed to establish major award or comparable evidence of highest tier recognition.

A senior vice president seeks EB-1A extraordinary ability classification. The petitioner claimed eligibility under multiple criteria. The AAO found the beneficiary failed to establish sustained national or international acclaim or demonstrate achievements setting him significantly above almost all others in his field at national or international level.

Chairman of corporation claimed extraordinary ability in business and argued criteria more difficult for business executives. AAO found membership in professional association did not require outstanding achievement as essential condition and evidence did not demonstrate sustained national or international acclaim. Appeal dismissed.