Published AAO appeal decisions

The beneficiary is a business executive in the investment field, for whom a petitioner sought extraordinary ability classification in business or education. The lesser-awards criterion, based on company rankings in trade articles, was analyzed and rejected. The AAO dismissed the appeal because sustained national or international acclaim was not shown.

Research scientist in nursery and landscape field seeking EB-1A. Counsel claimed criteria but did not claim membership criterion despite service center request. AAO found insufficient evidence of sustained national or international acclaim. Appeal dismissed.

Chemistry researcher in phosphorous chemistry and carbon nanotubes. Counsel claimed three criteria. AAO met judging criterion but found overall evidence insufficient to show sustained acclaim at national or international level. Appeal dismissed.

Tennis coach seeking EB-1A classification. Counsel claimed three criteria were met. AAO found no sustained national or international acclaim as tennis competitor after 2004 and no evidence of intent to compete in United States. Appeal dismissed.

A senior vice president seeks EB-1A extraordinary ability classification. The petitioner claimed eligibility under multiple criteria. The AAO found the beneficiary failed to establish sustained national or international acclaim or demonstrate achievements setting him significantly above almost all others in his field at national or international level.

A petitioner in the media and visual arts seeks EB-1A extraordinary ability. Claimed multiple criteria including awards and published material. AAO found awards not nationally recognized and limited to students, published material lacking, and overall evidence insufficient to show sustained acclaim at top level.

Television drama director sought EB-1A extraordinary ability classification. Although petitioner met one criterion by receiving a nationally recognized award, counsel could not establish three criteria. AAO found evidence insufficient to demonstrate sustained national or international acclaim needed for the small percentage at the very top of the field.

Songwriter and musician sought EB-1A extraordinary ability classification. Counsel asserted all ten regulatory criteria but made frivolous claims. AAO found record did not establish that petitioner distinguished himself to achieve sustained national or international acclaim or placement in small percentage at very top of field.

Employer-sponsored EB-1A petition. Beneficiary claimed awards and published material criteria. AAO found awards lacked national or international recognition for excellence and published article was insufficient. Appeal dismissed; petitioner failed to establish extraordinary ability or sustained acclaim.

Global positioning technology company petitioned to classify radio frequency module design engineer beneficiary as extraordinary ability immigrant. Claimed multiple criteria. AAO held beneficiary did not meet regulatory criteria and lacked sustained national or international acclaim for extraordinary ability classification.

Employer petitioned for dancer beneficiary claiming extraordinary ability as both athlete and performing artist. AAO held approval under lesser O-1 nonimmigrant standard does not establish eligibility under stricter EB-1A immigrant criteria and that beneficiary lacks sustained acclaim to qualify as extraordinary ability alien.

A musician, guitarist, songwriter and producer filed for EB-1A extraordinary ability. Petitioner submitted album sales plaques but failed to establish they were primarily attributable to his work or constituted nationally recognized awards. The AAO found achievements not persuasively placed him significantly above almost all others in music field.