Published AAO appeal decisions

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.

Employer-sponsored petition for beneficiary claiming extraordinary ability. Director found beneficiary failed to meet three regulatory criteria. Appeal summarily dismissed because petitioner failed to provide specific arguments challenging findings or promised evidence within nine months.

Employer-sponsored petition for beneficiary claiming extraordinary ability in the arts. Previously approved petition revoked. Award analyzed and found to reflect only provincial recognition. No clear evidence of continued work in area of expertise in United States. Revocation sustained.

Gladiator athlete sought extraordinary ability classification. AAO upheld denial finding insufficient primary evidence of awards, non-qualifying membership, and articles lacking national or international reach; expert letter opinions cannot form cornerstone of claim.

Female vocalist in Argentina sought extraordinary ability based on international song festival award and published materials. AAO dismissed finding no primary award evidence, articles lacking national reach, and insufficient evidence of sustained acclaim at top level.

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.

Commercial printing company petitioner seeking classification for beneficiary in business. Claimed beneficiary won prestigious awards and selections; AAO found special assignments and cadet-level awards lack required national or international recognition. Evidence insufficient to show extraordinary ability among small percentage at top of field.

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.

Film and theater performer sought EB-1A classification through awards, membership, leading roles, and commercial success. AAO dismissed appeal, finding only one criterion met and evidence insufficient to show petitioner among small percentage at top of field.

Research assistant professor in neuroscience sought EB-1A extraordinary ability. Claimed awards, membership, published material, scholarly articles, and original contributions. AAO rejected all criteria, finding provincial awards, unsubstantiated membership, and publication record insufficient for national or international acclaim, dismissing appeal.

Squash coach sought extraordinary ability classification based on prior achievements as competitive athlete and coaching credentials. The AAO found beneficiary must demonstrate sustained acclaim as coach, not as player, and evidence of awards, membership, publications, and contributions failed to establish top-level coaching distinction.

An athlete in ultramarathon racing claimed extraordinary ability and submitted evidence of race placements, national team membership, published articles, and judging. The AAO found races were local only, national team membership lacked documentation of selection standards, articles were not shown to be about the petitioner in major media, and judging evidence was insufficient. Petitioner met fewer than three criteria.

Counsel-represented economist formerly employed by Canadian Department of Finance claims extraordinary ability through awards, publications, critical role, and salary. AAO found witness letters insufficient primary evidence, publications not in major media, role subordinate, and salary unexceptional. Overall evidence failed to demonstrate top-tier status.

Creative concept advertising artist sought EB-1A extraordinary ability classification. Petitioner claimed original contributions and exhibition achievements through client work and student shows. AAO found client endorsements vague, work not properly credited in artistic venues, and evidence insufficient to demonstrate top-level field standing.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

A dance studio employer petitions for EB-1A classification of a beneficiary as extraordinary ability in the arts. The beneficiary claimed awards, published material, and leading role as dancer and coach. The AAO affirmed dismissal because the beneficiary met no criteria and showed insufficient sustained national or international acclaim at the very top level.

Counsel represented postdoctoral biomedical researcher in sciences. Petitioner met two criteria: original contributions via National Academy opinions and scholarly articles through sustained publication. AAO dismissed appeal, finding two criteria insufficient, no evidence of distinguished performance meriting small percentage at field top.

Counsel represented Chinese Peking Opera actor claiming extraordinary ability. Failed to meet three required criteria: awards lacked official documentation, membership was local-level only, and critical role unproven. Additionally, no evidence of continued work in expertise area or prospective employment plans required by regulation.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

A physicist counsel-represented beneficiary claimed EB-1A based on publications, judging, and original contributions. The AAO dismissed the appeal, finding only the scholarly articles criterion met and no evidence of sustained national or international acclaim placing him at the very top of his field.

A researcher counsel-represented beneficiary claimed EB-1A based on awards, membership, and publications. The AAO dismissed the appeal, finding she failed to demonstrate at least three criteria and lacked sustained national or international acclaim placing her at the very top of her field.

Senior quantitative analyst in economics claiming extraordinary ability through scholarly articles and professional role. AAO held one criterion met but overall failed to establish sustained national or international acclaim. Evidence shows talent but not top-tier distinction required; peer review routine and salary comparison lacking.

Senior business executive in sales and marketing at guitar company claiming extraordinary ability. AAO held no major award established and no three criteria met. Court rejected comparable evidence argument where regulatory criteria apply; evidence insufficient for sustained acclaim at very top level.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner met two of ten criteria: published material and scholarly articles. However, the AAO found the evidence insufficient to establish sustained national or international acclaim or placement at the very top of the field. Appeal dismissed.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner claimed to meet six criteria but the AAO found none met. Awards lacked significance, membership criteria not satisfied, citations insufficient, peer review routine, original contributions undemonstrated, and scholarship evidence post-dated filing. Appeal dismissed.