Published AAO appeal decisions

A marketing manager specializing in search engine optimization was proposed by a company for O-1A extraordinary ability in business. The appeal was summarily dismissed because the filing named no specific error of law or fact and the promised brief or evidence never arrived.

An employer-sponsored EB-1A petition for a beneficiary failed. The petitioner abandoned the judging criterion on appeal. The exhibitions criterion did not apply as beneficiary performed, not visual arts. The petitioner did not establish three qualifying criteria, failing the basic regulatory requirement for extraordinary ability classification.

An employer-sponsored EB-1A petition for a tabla player was denied. The petitioner failed to establish the awards criterion, with credibility questions raised over a graded artist designation. The petitioner improperly invoked comparable evidence when ten regulatory criteria apply to the beneficiary's occupation. The failure to meet three criteria resulted in dismissal.

A badminton coach sponsored by an employer claimed extraordinary ability through awards and membership criteria. The AAO upheld denial, finding the single award insufficient under the plural requirement of the regulation and the coaching position inadequate for membership criterion, failing to meet the three-criterion threshold.

Film industry professional claimed extraordinary ability based on awards. AAO upheld denial because petitioner failed to provide evidence of award receipt and did not establish awards were major, internationally recognized. Opinion letters from experts not considered under EB-1A criteria.

Former swimming competitor and coach claimed extraordinary ability. AAO found no sustained national or international acclaim after 1993, no nationally recognized awards, and memberships did not require outstanding achievements judged by experts. Claimed criteria partially abandoned.

Classical musician claimed extraordinary ability based on performances, education, memberships, and publications. AAO found performances not equivalent to awards, memberships lacked expert judgment requirement, and promotional materials insufficient as published material under the regulation.

Performing arts professional claimed extraordinary ability. AAO upheld director's denial, finding only one of multiple claimed criteria met: judging. Awards and published material claims failed under plain language requirements. Burden not met to establish extraordinary ability.

A horse trainer sought O-1A classification in the arts. The AAO dismissed the appeal, finding the beneficiary's work training cutting horses falls under athletics or business, not the arts as claimed. The petition was filed under the wrong visa category and no evidence was submitted for the correct criteria.

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.

Beneficiary sought extraordinary ability classification. Petitioner submitted evidence of institutional awards, association membership, and newspaper mentions. AAO held awards non-qualifying as institutional only, membership criterion requires plural, and published materials failed to meet regulatory requirements for identification and subject matter.

An artist claimed extraordinary ability under five regulatory criteria including awards, membership, published material, original contributions, and leading role. The AAO dismissed the appeal, finding awards criterion unsupported by certified translations and insufficient evidence of recognition, and rejecting other criteria as untimely raised or unanalyzed.

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.

An athlete petitioned for EB-1A extraordinary ability classification. The petitioner claimed awards, published material, and high salary criteria. The AAO found only high salary met, falling short of the three criteria required; the appeal was dismissed for insufficient documentation of sustained national or international acclaim.

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 employer-sponsored petition for a performing arts professional sought EB-1A extraordinary ability. Petitioner claimed association membership late on appeal, which AAO rejected as improper. Membership claim failed regulatory requirements with translation issues. Appeal dismissed for insufficient extraordinary ability evidence.

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.

Employer-petitioner sought extraordinary ability classification for beneficiary as confined space entry technician. Petitioner offered only general praise on appeal without identifying specific criterion or director error. AAO summarily dismissed because petitioner failed to challenge director findings or brief appeal substantively.

Table tennis coach claimed extraordinary ability. Petitioner offered evidence of students' achievements and coaching recognition. AAO held petitioner did not meet awards criterion as student success does not constitute petitioner's receipt of prizes, and youth rankings insufficient; other criteria not reached.

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.

Artist's initially approved I-140 petition was revoked after notice of intent to revoke. Director found petitioner failed to establish extraordinary ability through documentary evidence under regulatory criteria. Petitioner on appeal failed to identify specific erroneous conclusions and did not submit promised supplemental evidence. Appeal summarily dismissed.

An employer petitioned for an EB-1A visa for a Chief Financial and Risk Officer in international corporate finance and strategic business development. The AAO dismissed the appeal, finding the beneficiary's achievements, though notable, did not demonstrate sustained national or international acclaim required for extraordinary ability.

Nonprofit director petitioner sought extraordinary ability classification for beneficiary. Beneficiary's acclaim in nonprofit direction and association with musical figures was claimed but not adequately documented under regulatory criteria. AAO upheld director's denial because petitioner failed to establish three qualifying evidentiary categories.