Published AAO appeal decisions

Squash coach employed by sports club seeking EB-1A extraordinary ability. Petitioner claimed five criteria met. AAO found only one criterion met (awards) but concluded evidence does not establish three required criteria or sustained acclaim placing beneficiary among top of field.

Art museum as employer-sponsor for curator beneficiary seeking extraordinary ability classification. Met judging, published material, and leading critical role criteria. Final merits determination sustained: beneficiary demonstrated sustained acclaim and recognition at top of field. Appeal sustained.

Radiology clinic employer sponsored beneficiary with Ph.D. in biochemistry and M.D. in radiology. Claimed membership, original contributions, and scholarly articles criteria. AAO found only scholarly articles met; memberships insufficient and prior research predated medical training. Appeal dismissed as petitioner failed to establish three criteria required for extraordinary ability classification.

An employer sponsored an agricultural data scientist for extraordinary ability. The AAO agreed she met two criteria: scholarly articles and peer review judging. However, the petitioner failed to meet the three-criterion threshold. Original contributions and critical role claims were unsubstantiated. Appeal dismissed for insufficient evidence.

Endurance horse rider and trainer seeks O-1A extension. Petitioner claimed three criteria: awards, membership, and published materials. AAO affirmed membership was met but found awards lacked sufficient corroboration of national or international recognition. Petitioner failed to satisfy the required three of eight alternative criteria for extraordinary ability.

A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.

An art director and photographer sought EB-1A classification, claiming six criteria. The AAO found four criteria met (awards, published material, judging, exhibitions), exceeding the three-criterion threshold, but dismissed because the totality of evidence did not establish sustained national or international acclaim or top-tier status.

A visual effects artist employed at an animation studio claimed six criteria for extraordinary ability. The AAO found published materials criterion met but original contributions not met due to vague letters. At final merits, the decision held the petitioner lacked sustained acclaim despite being talented and promising, therefore not meeting the extraordinary ability standard.

Company president and scientific instrumentation developer demonstrated extraordinary ability through peer review work, scholarly articles, leading roles with distinguished company, and original marine geology contributions. AAO sustained appeal finding sustained acclaim at very top of field.

A physicist employed by a university as assistant professor claimed extraordinary ability for O-1A visa. Petitioner met three criteria but AAO found insufficient evidence of sustained national or international acclaim or place among small percentage at field's very top. Judging of nine journal articles and publication record lacked comparative evidence showing top-tier status.

Software engineering manager self-employed. Claimed extraordinary ability via original contributions, scholarly articles, leading role, high salary. AAO upheld three criteria met but found no sustained national or international acclaim or evidence of placement in top small percentage, dismissing appeal.

An academic medical center petitioned for a critical care physician beneficiary. The service center found initial criteria met but denied based on final merits. The AAO affirmed, finding insufficient evidence of sustained national or international acclaim despite publications and professional memberships, characterizing the beneficiary as diligent rather than exceptional.

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.

Senior UX designer claimed five criteria but met only one reliably. Awards lacked proven recognition; design displays served promotional rather than artistic purposes. Insufficient criteria met and no evidence of sustained national acclaim at field top.

Software engineer director at e-commerce company seeks EB-1A extraordinary ability. Met high salary and leading role criteria but failed original contributions criterion. AAO found no evidence contributions impacted field broadly or were recognized as majorly significant beyond employer's internal benefit.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

Chinese dentist and research center director sought EB-1A extraordinary ability classification. Met judging and scholarly article criteria but AAO found only two of three required criteria established. Final merits analysis concluded petitioner lacks sustained national or international acclaim and is not among small percentage at top of dental field.

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 company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.

An employer petitioned for O-1A classification for a chief executive officer in culinary development. AAO affirmed revocation of initial approval, finding beneficiary failed to meet extraordinary ability criteria. Award lacked documentation of national or international recognition; business contributions did not demonstrate major significance.

A medical device company sponsored a mechanical R&D engineer for EB-2 exceptional ability classification. This was not a national interest waiver case, and no waiver was requested. The AAO dismissed the appeal because the labor certification and offered wage did not show the position needs a person of exceptional ability.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

A director of program management in biomedical sciences sought EB-1A classification. He met three criteria: peer review, scholarly articles, and leading role. The AAO found the evidence insufficient to demonstrate sustained national or international acclaim or placement at the very top of the field, dismissing the appeal.