Published AAO appeal decisions

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.

A mechanical engineer researcher claimed extraordinary ability through awards and memberships. The AAO rejected both criteria and the overall petition because the evidence did not demonstrate the petitioner achieved sustained national or international acclaim placing him among the very top in the field.

An anesthesiologist beneficiary of an employer-sponsored petition claimed extraordinary ability. The AAO rejected all criteria analyzed, finding that training residents, institutional affiliation, and solicited letters do not demonstrate sustained national or international acclaim required for the classification.

A scientist in water resources and environmental management claimed extraordinary ability through multiple criteria. The AAO found peer review and conference presentations met two criteria but rejected the petition because the evidence overall did not demonstrate sustained national or international acclaim placing the petitioner at the very top of the field.

Employer-sponsored dance coach and director claimed evidence for multiple EB-1A criteria. AAO found no criterion met and held that neither his dancer career nor coaching career established sustained national or international acclaim at the very top level.

Employer-sponsored biomedical researcher claimed six criteria for EB-1A extraordinary ability. AAO found two criteria met but required three, concluding petitioner failed to establish sustained national or international acclaim at the top level of the field.

Employer-petitioner sought EB-1A extraordinary ability classification for beneficiary fabricator/installer. Submitted only job description statement and blank pay stub. AAO found no documentation related to any regulatory criterion and no evidence of sustained national or international acclaim placing beneficiary at top of field. Appeal dismissed.

A finance researcher claimed extraordinary ability based on academic awards, teaching honors, research grants, and professional memberships. The AAO found academic honors ineligible as student-only awards, internal teaching award not nationally recognized, grants not excellence prizes, and membership lacking evidence of outstanding-achievement requirements. Petition dismissed.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.

A financial researcher and assistant professor sought extraordinary ability classification. She presented academic honors, teaching awards, internal grants, and professional association memberships. AAO found academic awards student-limited, internal grants lack national acclaim, and association memberships lack evidence of merit-based admission requirements.

Athlete sought EB-1A extraordinary ability classification. Director denied for lack of sustained national or international acclaim. Counsel failed to submit promised brief or evidence within seven months and did not respond to AAO follow-up notice. Appeal summarily dismissed.

Applicant sought EB-1A extraordinary ability in sciences. Director denied for lack of sustained national or international acclaim. Counsel failed to submit promised brief or evidence within eight months after appeal filed. Appeal summarily dismissed for failure to identify specific errors.

Singer claimed extraordinary ability in arts through 1986 international award, lesser prizes, and media mentions. Decision found limited success during 1986–1988 but no sustained national or international acclaim at field's apex. Multiple criteria unmet; petition dismissed.

An IT executive with a long career in offshore outsourcing, sponsored by a company, claimed five regulatory criteria for extraordinary ability in business. The AAO dismissed the appeal, finding only the leading role criterion satisfied, with the remaining analyzed criteria rejected, so sustained acclaim was not established.

A petition for extraordinary ability classification was denied by the service center for lack of sustained acclaim. On appeal, counsel requested 150 extra days for a brief but never submitted anything or identified specific errors. The AAO summarily dismissed the appeal without analyzing any criteria.

Computer scientist sought extraordinary ability classification in intrusion detection systems. Petitioner claimed awards, membership, patents, scholarly articles, and leadership role. AAO found no major prize, no outstanding-achievement membership, and insufficient documentation of major contributions or sustained acclaim beyond affiliated institutions to meet at least three criteria.