Published AAO appeal decisions

Professional baseball player seeking EB-1A. Claimed single award, Major League Baseball membership, and high salary. AAO found award temporally distant, membership based on employment rather than achievement, and salary documentation not temporally relevant. Overall evidence insufficient to show sustained national or international acclaim at the very top.

Musician and teacher in China seeking EB-1A. Initially approved then revoked. Claimed awards and association memberships as musician and teacher. AAO found award shared among 53 recipients and memberships based on activity and dues rather than outstanding achievement. Overall evidence does not demonstrate sustained international acclaim at the very top.

Athlete in Russia with Master Sport designation and third-place world ranking claimed extraordinary ability. Counsel filed appeal stating decision erroneous and promising detailed brief within thirty days but never submitted it after nine months. AAO summarily dismissed appeal for failure to specifically address director's findings or provide additional evidence.

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 Evidence included article from nine years prior, unpublished court decisions, and solicited letters, none demonstrating the major significance required for the classification.

Ice skating coach and trainer sought extraordinary ability classification. AAO found beneficiary lacked sustained national or international acclaim, as competitive athletic achievements ended in 2002 and coaching credentials did not demonstrate top-level status.

Scientist with counsel-representation filed petition for EB-1A extraordinary ability classification. Petitioner submitted evidence of research award, training scholarships, and research funding. AAO dismissed appeal, finding scholarships and funding do not constitute nationally or internationally recognized prizes for excellence.

Petitioner sponsored beneficiary dancer for EB-1A extraordinary ability classification. Beneficiary claimed eligibility under awards, published material, and judging criteria. AAO dismissed appeal, holding that old awards lack sustained recognition and no qualifying publications or judging roles were established.

Employer petitioned for researcher in sciences for EB-1A extraordinary ability. Claimed three regulatory criteria covering awards, membership, and published material. AAO found beneficiary failed to demonstrate sustained national or international acclaim or placement at very top of research field.

A petitioner sought extraordinary ability classification for a beneficiary in the sciences but failed to file a detailed appeal brief within thirty days as promised. The AAO summarily dismissed the appeal for lack of specific identification of errors and failure to submit additional supporting documentation.

Biomedical researcher sought EB-1A extraordinary ability based on postdoctoral fellowships and awards. AAO held that fellowship and investigator awards lacked evidence of national or international recognition, selection criteria, and scope necessary to demonstrate excellence at the field's very top.

Restaurant employer petitioned to employ sushi chef as extraordinary ability alien. AAO affirmed denial, finding petitioner submitted no evidence meeting regulatory criteria and beneficiary did not demonstrate sustained national or international acclaim required for classification.

An artist with counsel sought EB-1A extraordinary ability classification. Awards did not meet standards; membership organizations lacked outstanding achievement requirements; publications were not about the artist; exhibitions were sporadic and early-dated. The AAO dismissed the appeal, finding insufficient evidence of sustained acclaim at the highest level.

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.

A karate instructor with counsel representation sought EB-1A classification. Rank promotions and competitive results from 1990s-2003 did not meet awards criteria. The AAO dismissed the appeal, finding no sustained national or international acclaim and no evidence of intent to continue competing in the United States.

An employer petitioned for a soccer coach's EB-1A extraordinary ability classification, relying on prior competitive accomplishments. The AAO dismissed the appeal, holding that university-level medals do not constitute national awards and the beneficiary failed to demonstrate sustained acclaim either as a player or subsequent coach.

A restaurant filed an EB-1A petition for a French-style cook, and the service center denied it for lack of extraordinary ability. The petitioner did not challenge the denial reasons or supply the promised brief or evidence. The AAO dismissed because sustained acclaim and top-of-field standing were not shown. No individual criteria were analyzed.

A graphic designer claimed extraordinary ability through student awards and association membership. The AAO rejected student-level awards as insufficient, found no evidence of membership requirements for outstanding achievement, and concluded aggregate evidence fails to show top-level sustained acclaim.

A businessman in concrete technology claimed extraordinary ability through family honors, association membership, and published material. The AAO found family honors do not apply to petitioner, membership criteria unmet, articles insufficient, and aggregate evidence insufficient to establish top-level sustained acclaim.

A writer from Nepal claimed extraordinary ability through an award, published material, and judging experience. The AAO found the award predated filing by six years insufficient for sustained acclaim, publications either incidental or too old, local volunteer judging insufficient, and poor English proficiency undermined intent to work as U.S. writer.

Jockey claimed extraordinary ability in athletics through awards, published materials, and critical role. AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim at the very top level of the profession.

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.

An arts field professional represented by counsel claimed extraordinary ability through published material and judging participation. The AAO rejected published material as lacking complete translations and appearing in insufficient outlets, and found judging role did not evidence top-level sustained acclaim. Aggregate evidence insufficient.

A dance instructor sponsored through counsel claimed extraordinary ability via competition awards and student achievements. The AAO held that amateur and rising-star awards cannot demonstrate extraordinary ability, and coaching achievements do not indicate the petitioner is among the very top professionals in the field.

Project management professional sought EB-1A classification through employer petition. Petitioner claimed awards and professional association membership. AAO found awards lacked national or international recognition and membership did not reflect outstanding achievement. Evidence insufficient for extraordinary ability.

Winemaker sought EB-1A classification. Petitioner claimed awards, published material, and judging criteria. AAO found awards ineligible as beneficiary was not named recipient, published material did not focus on beneficiary, but judging criterion met. Overall, evidence insufficient to demonstrate extraordinary ability in wine field.