Published AAO appeal decisions

Postdoctoral scholar and environmental sustainability fellow in life sciences seeks extraordinary ability classification. Claims six criteria beyond judging. AAO affirms only judging criterion met; insufficient evidence of three required criteria or status among top percentage in field.

A psychologist seeking extraordinary ability classification claimed four criteria. The AAO affirmed the service center's finding that only two were met: judging and scholarly articles. The original contributions criterion failed because citation counts were not shown to reflect major significance. The petitioner did not establish sustained acclaim or top-tier standing in psychology.

A materials science postdoctoral researcher in energy storage sought extraordinary ability. He met two criteria: judging and scholarly articles. On appeal, he claimed original contributions of major significance but failed to demonstrate field-wide impact; work added only incremental knowledge.

Assistant professor of neurological surgery sought EB-1A extraordinary ability classification. Petitioner met three criteria: judging, original contributions, and scholarly articles. On appeal, AAO sustained, finding totality of evidence, including high citation rates and influential publications on deep brain stimulation and anesthesia, demonstrates sustained national and international acclaim among top of field.

A testing and commissioning engineer sought extraordinary ability classification and claimed six evidentiary criteria on appeal: awards, membership, salary, judging, original contributions, and leading or critical role. The AAO dismissed the appeal, finding none satisfied because the evidence was insufficient, such as automatic membership, unspecific letters, and no shown distinguished reputation.

A microbial ecologist filed I-140 for extraordinary ability. She met judging and scholarly articles criteria but failed to meet three total criteria. AAO found her citation metrics and journal participation insufficient to demonstrate major significance or sustained acclaim required for EB-1A classification.

Guitarist met three initial criteria: judging, leading critical role, and commercial success. On final merits, AAO found petitioner lacked sustained national or international acclaim due to sixteen-year career gap from 2000 to 2016 without documented commercial success and insufficient evidence of renewed success since rejoining band.

Orthopedic surgeon and researcher claims extraordinary ability in sciences. Meets three initial criteria: scholarly articles, judging, high salary. However, final merits analysis finds publication citations and judging role insufficient to demonstrate sustained national or international acclaim and placement among top percentage of field.

Jazz pianist claimed extraordinary ability through at least three initial evidentiary criteria. Director found two criteria met; petitioner claimed five on appeal. AAO affirmed only two criteria met (judging and exhibitions) and rejected others for insufficient evidence of national or international recognition, major media publication, or distinguished reputation. Appeal dismissed.

Theater professor met three initial criteria: judging festivals, authoring one scholarly work, and directing theatrical performances. However, at final merits determination, the AAO found her achievements did not demonstrate sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

A journalist and patron of the arts sought EB-1A extraordinary ability classification but failed to identify a single field encompassing her journalism, stage production, and arts organizing activities. The AAO rejected her claims under judging, leading or critical role, and membership criteria, finding insufficient or inconsistent evidence. The appeal was dismissed.

A mountaineer initially approved for EB-1A had approval revoked after notice of intent. The AAO found only the leading role criterion met; awards, membership, and published material claims failed. The petition did not meet the three-criterion threshold. Final merits analysis confirmed the petitioner lacks the required sustained acclaim.

Research scientist in natural language processing and speech communication claimed extraordinary ability. Director found two criteria met. AAO affirmed those two but rejected original contributions claim, finding scholarly work and citations insufficient to show major significance. Appeal dismissed for failure to meet three criteria.

Mathematician self-petitioner sought EB-1A classification. Claimed three criteria beyond two found by Director (judging and scholarly articles). AAO determined three-criterion threshold not met; final merits showed aggregate record does not support required acclaim or recognition.

A tango dancer and teacher seeking EB-1A classification claimed three criteria: published material, judging, and artistic displays. The AAO found he met all three initial criteria but dismissed the appeal because his accomplishments do not demonstrate sustained national or international acclaim or place him among the small percentage at the very top of his field.

A violinist met four criteria: awards for first place in international competition, published material in economic media about her win, judging, and leading role with multiple major orchestras. The AAO sustained, finding her international competition success, media coverage, and performances with distinguished orchestras demonstrate sustained acclaim and top-tier status.

Researcher in nanostructure materials and electrochemistry with PhD claimed extraordinary ability. Met judging and scholarly articles criteria but failed original contributions of major significance. Citation metrics and reference letters did not establish major significance. AAO affirmed lack of sustained acclaim required for extraordinary ability classification.

A financial advisor seeking EB-1A classification claimed seven criteria. The AAO found none met: awards lacked national recognition, membership did not require outstanding achievements, judging was undocumented, original contributions were company-specific not field-significant, articles were unsubstantiated, exhibition claims unproven, and salary data did not match her field. Appeal dismissed.

Documentary filmmaker claimed extraordinary ability in arts. Director found four criteria met; AAO withdrew two findings (awards, published material). Only one criterion ultimately met (judging), below three-criterion threshold. No sustained national or international acclaim shown. Appeal dismissed.

Spa design and wellness professional sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met only two criteria (judging, leading role), falling short of three-criterion requirement, and lacked evidence of sustained national or international acclaim or top-tier field status.

A master embroidery artisan claimed extraordinary ability in traditional Uzbek embroidery, alleging five criteria satisfied. The AAO upheld the Director's revocation, finding only one criterion met and rejecting the others for lack of objective evidence: no major award, unverified membership, insufficient scholarly publication, and contributions lacking demonstrated field impact.

A performing artist and actor initially claimed four criteria met but only two were sustained by the AAO: judging and artistic display. The appeals court found the published material criterion unsatisfied due to missing author attribution and unproven media status, leaving insufficient criteria met and no evidence of top-tier acclaim.

Post-doctoral researcher in medicine sought EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. Insufficient evidence of major significance or field-wide impact. Appeal dismissed.

An attorney specializing in claims management in the United Kingdom sought EB-1A extraordinary ability classification. He claimed three criteria: judging, leading role, and published material. The AAO sustained, finding all three criteria met and sustained international acclaim establishing him among the very top in his field.

Handball player seeks EB-1A extraordinary ability in athletics. Met only awards criterion. AAO dismissed appeal, finding petitioner failed to satisfy three criteria minimum: judging role unsupported by documentary evidence, junior team and reserve membership lacked expert judgment requirement, published material from non-major publication, and team captain role insufficient for sustained acclaim.