Published AAO appeal decisions

Beauty products company petitioned for executive with extraordinary ability in business. Although the beneficiary met published material and leading role criteria, she failed to establish three total criteria and lacked sustained national or international acclaim required for EB-1A.

Theater performer applying for O-1A visa extension. Petitioner claimed four criteria but failed to meet three required. Recognition criterion lacked specific evidence of significant acclaim; high salary claim failed because contract rates and intermittent availability did not support comparable high earnings. Appeal dismissed.

An employer petitioned for an engineer to receive EB-1A extraordinary ability classification. The beneficiary met two of ten criteria (judging and scholarly articles). On appeal, the AAO held the beneficiary failed to meet the required three criteria threshold because contributions lacked demonstrated major significance and sustained acclaim in the field was not established.

A university petitioned to extend O-1A classification for an assistant coach. The appeal was dismissed because the beneficiary failed to demonstrate three required evidentiary criteria; membership claim lacked evidence that the association selected members based on outstanding achievements as judged by recognized experts.

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.