Published AAO appeal decisions

A medical technology company petitioned for a senior scientist in nanotechnology and biomaterials. The beneficiary failed to demonstrate nationally or internationally recognized awards or sustained acclaim. The AAO found achievements not significantly above almost all others in the field at national or international level and dismissed the appeal.

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.

The beneficiary is a business executive in the investment field, for whom a petitioner sought extraordinary ability classification in business or education. The lesser-awards criterion, based on company rankings in trade articles, was analyzed and rejected. The AAO dismissed the appeal because sustained national or international acclaim was not shown.

Research scientist in nursery and landscape field seeking EB-1A. Counsel claimed criteria but did not claim membership criterion despite service center request. AAO found insufficient evidence of sustained national or international acclaim. Appeal dismissed.

Chemistry researcher in phosphorous chemistry and carbon nanotubes. Counsel claimed three criteria. AAO met judging criterion but found overall evidence insufficient to show sustained acclaim at national or international level. Appeal dismissed.

Tennis coach seeking EB-1A classification. Counsel claimed three criteria were met. AAO found no sustained national or international acclaim as tennis competitor after 2004 and no evidence of intent to compete in United States. Appeal dismissed.

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.

A petitioner in the media and visual arts seeks EB-1A extraordinary ability. Claimed multiple criteria including awards and published material. AAO found awards not nationally recognized and limited to students, published material lacking, and overall evidence insufficient to show sustained acclaim at top level.

Television drama director sought EB-1A extraordinary ability classification. Although petitioner met one criterion by receiving a nationally recognized award, counsel could not establish three criteria. AAO found evidence insufficient to demonstrate sustained national or international acclaim needed for the small percentage at the very top of the field.

Songwriter and musician sought EB-1A extraordinary ability classification. Counsel asserted all ten regulatory criteria but made frivolous claims. AAO found record did not establish that petitioner distinguished himself to achieve sustained national or international acclaim or placement in small percentage at very top of field.

Employer-sponsored EB-1A petition. Beneficiary claimed awards and published material criteria. AAO found awards lacked national or international recognition for excellence and published article was insufficient. Appeal dismissed; petitioner failed to establish extraordinary ability or sustained acclaim.

Global positioning technology company petitioned to classify radio frequency module design engineer beneficiary as extraordinary ability immigrant. Claimed multiple criteria. AAO held beneficiary did not meet regulatory criteria and lacked sustained national or international acclaim for extraordinary ability classification.

Employer petitioned for dancer beneficiary claiming extraordinary ability as both athlete and performing artist. AAO held approval under lesser O-1 nonimmigrant standard does not establish eligibility under stricter EB-1A immigrant criteria and that beneficiary lacks sustained acclaim to qualify as extraordinary ability alien.

A musician, guitarist, songwriter and producer filed for EB-1A extraordinary ability. Petitioner submitted album sales plaques but failed to establish they were primarily attributable to his work or constituted nationally recognized awards. The AAO found achievements not persuasively placed him significantly above almost all others in music field.

Attorney seeking extraordinary ability claimed eligibility through committee membership and media mentions of legal transactions. Decision found membership based on employment rather than achievement and articles about transactions rather than petitioner, failing to demonstrate top-tier acclaim.

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.

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.

Athlete petitioner sought EB-1A extraordinary ability classification. Service center found petitioner met awards criterion; AAO reversed, finding regional age-group competition awards insufficient to demonstrate top-level field position. Petitioner failed to establish sustained national or international acclaim. Appeal dismissed.

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.

A hair salon petitioned to employ a hair stylist as an EB-1A extraordinary ability beneficiary. The AAO dismissed the appeal, finding the beneficiary had not demonstrated sustained national or international acclaim or achievement at the very top of the field, as required for the classification.

An employer-sponsored EB-1A petition for a beneficiary alleged three regulatory criteria: awards, membership, and judging. The AAO found the awards limited to students, membership based on standard requirements, and judging activity insufficient to demonstrate extraordinary ability at the very top of the field.

A competitive swimmer sought extraordinary ability classification in athletics. The petitioner met only two of the three required regulatory criteria. The AAO found a bronze medal from years before filing did not demonstrate sustained acclaim at time of petition, and petitioner failed to show entry would substantially benefit the United States. Appeal dismissed.