Published AAO appeal decisions

Operetta performer sought EB-1A extraordinary ability classification in arts. Petitioner met three initial evidentiary criteria (judging, exhibitions, published material) but failed final merits determination. AAO found petitioner talented but not demonstrating sustained acclaim or top-tier status required for extraordinary ability.

Mathematics professor claimed extraordinary ability in education and sought EB-1A classification. Petitioner met one of ten required criteria (scholarly articles) but did not satisfy awards, original contributions, critical role, or salary requirements. AAO dismissed appeal for failure to meet minimum three-criterion threshold.

An advertising creative director and agency president claimed extraordinary ability in business. The AAO found the petitioner satisfied five evidentiary criteria: awards, published material, judging, high salary, and leading role. The final merits analysis showed sustained national acclaim through extensive awards, media coverage, and judging at prestigious competitions, warranting classification.

Film director and screenwriter appealed EB-1A denial. Met only one of ten criteria (judging). AAO reversed director's favorable finding on awards and rejected claims of published material, original contributions, and high salary due to insufficient documentation and specificity.

An actor and voice-acting instructor sought EB-1A classification. The AAO found he met the awards and exhibitions criteria but failed the salary, critical role, and original contributions criteria. With only two of three required criteria satisfied, the appeal was dismissed.

Data science researcher self-petitioner claimed extraordinary ability under EB-1A. Met three evidentiary criteria but failed to demonstrate sustained national or international acclaim or top-tier status in the field. AAO dismissed appeal, finding publication record lacks recent work and citation impact insufficient.

Saxophonist and yoga instructor claims extraordinary ability in arts. Met only exhibitions criterion. AAO rejected membership, original contributions, leading role, and high salary claims. Prior O-1 approval did not bind I-140 decision; failed three-criterion threshold.

Dancer and choreographer sought extraordinary ability classification. Claimed six criteria but met only one. Decision held that nominating is not receiving an award, performances lack field impact, and background dancer role lacks responsibility for organizational success or commercial outcomes.

Banking executive sought EB-1A extraordinary ability in business. Met two criteria: leading critical role and high salary. Failed to meet third required criterion on original contributions. AAO found aggregate evidence insufficient and did not conduct final merits determination.

Financial journalist sought EB-1A extraordinary ability. Met at least three criteria including awards, judging/leading roles, and published material. AAO sustained appeal, finding record demonstrated sustained national acclaim and expertise indicating top small percentage in journalism field.

Professional golfer appeals denial. Claimed membership and high salary criteria on appeal; two criteria met overall. AAO dismissed, finding membership requires outstanding achievement not demonstrated and salary at developmental level insufficient for top-tier classification.

A nurse sought EB-1A classification. The AAO reviewed four criteria the service center analyzed. The petitioner did not meet the membership criterion, did not establish a leading role, and failed to show comparatively high salary. The appeal was dismissed.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

Fashion merchandiser and purchaser sought EB-1A classification. Petitioner asserted leading and critical role criterion initially but abandoned it, then claimed only high salary criterion on appeal. AAO held salary criterion not met and found petitioner failed to establish three criteria or one-time achievement.

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

A computer scientist appealed a denial after submitting additional evidence of high salary on appeal. The AAO found three criteria met: judging, scholarly articles, and high salary. Final merits determination confirmed extraordinary ability through demonstrated expertise at top of field.

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

Petitioner in an unspecified field filed for extraordinary ability classification. Claimed eight criteria including awards, published material, original contributions, and exhibitions. AAO found petitioner failed to establish lesser nationally or internationally recognized awards, failed to demonstrate major significance of contributions, and was not a visual artist qualifying for exhibitions criterion. Appeal dismissed.

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

An entertainer petitioner claimed extraordinary ability through awards, published material, and other criteria. The AAO found only high salary criterion met. Because at least three criteria must be satisfied, and only one was established, the petition failed to meet basic eligibility requirements. Appeal dismissed.

Self-petitioner in athletics (boxer) failed to meet three regulatory criteria. Director found deficiency in awards, published material, original contributions, and high salary criteria, and conducted final merits determination finding no extraordinary ability. Appeal summarily dismissed for general allegations without specific erroneous conclusions.

A cardiology fellow sought EB-1A classification. Petitioner claimed awards, membership, original contributions, and high salary. AAO found only two criteria met (judging and scholarly articles). Without three criteria, the petitioner failed to demonstrate extraordinary ability. Appeal dismissed.