Published AAO appeal decisions

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required for extraordinary ability.

Chemist and dietary supplement manufacturer claiming extraordinary ability. Petitioner met only one criterion (scholarly articles published). Did not establish major significance of contributions; compounds lacked field-wide adoption; high remuneration claim uncorroborated. Record showed lack of sustained international acclaim or top-tier recognition required for extraordinary ability.

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Jazz percussionist and music instructor sought EB-1A classification. Met three evidentiary criteria initially but AAO held he failed final merits test, lacking sustained national or international acclaim and failing to demonstrate standing among the very top musicians in his field.

Sound engineer and technical director in television and radio industry sought EB-1A extraordinary ability. Failed to meet three of ten initial evidentiary criteria; judging and exhibitions claims withdrawn or unsupported, original contributions lacked objective attribution. AAO dismissed, finding insufficient sustained acclaim.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Visual artist and illustrator claiming extraordinary ability. Met two of ten criteria but failed to meet three required. Leading role and high salary claims rejected due to lack of organization documentation and insufficient earnings evidence. Record showed skilled artist with recognition but not sustained acclaim at required level.

A Chinese company manager petitioned for EB-1A classification claiming extraordinary ability. The applicant met two criteria (published material and leading role) but not the three required. On appeal, the membership criterion was rejected because the associations did not require outstanding achievements. The appeal was dismissed.

International law attorney filed 15th combined motion to reopen and reconsider EB-1A denial. Motion fails procedural requirements for reopening; newly submitted evidence post-dates petition filing and does not demonstrate eligibility at time of filing. Prior dismissal affirmed across multiple motions. Motion dismissed.

Visual artist seeks extraordinary ability classification. Met one criterion on artistic display; claimed original contributions and high salary but failed both. Without three initial criteria met, final merits determination unnecessary; dismissal warranted.

A digital product and business manager in mobile communications claimed three criteria but could not substantiate high remuneration with proper comparative salary data for UK positions and long-term compensation. AAO dismissed, finding the incomplete survey data inadequate and declining to reach other claimed criteria or prospective benefit analysis.

Police officer and trainer in Brazil seeking EB-1A extraordinary ability classification, claiming jiu-jitsu medal and various professional achievements. AAO found only three criteria met but rejected petition at final merits stage, finding petitioner lacked sustained national or international acclaim required for classification.

Business operations specialist claimed extraordinary ability under EB-1A, meeting two of ten criteria initially: leading role and high salary. On appeal, claimed published material criterion but AAO found translations inaccurate and uncertified. AAO dismissed, finding insufficient evidence of acclaim or top-tier status despite meeting two criteria.

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.