Published AAO appeal decisions

An environmental educator filed an EB-1A petition claiming extraordinary ability. The AAO upheld denial because the petitioner failed to satisfy the plain language requirements of the judging criterion and did not submit qualifying evidence under at least three of the ten criteria required for extraordinary ability classification.

Petitioner sought EB-1A classification. Director found petitioner failed to meet awards, published material, judging, and original contributions criteria. Counsel abandoned most issues on appeal. AAO concluded evidence does not demonstrate sustained national or international acclaim or top-tier status.

Cardiology fellow sought EB-1A extraordinary ability in sciences. Director found petitioner met only one of five analyzed criteria and failed final merits determination. On appeal, counsel made only passing references to memberships and judging without substantive arguments. AAO summarily dismissed for failure to identify specific errors.

The petitioner is a physician-scientist in infectious diseases or microbiology who sought extraordinary ability classification. The AAO went directly to the final merits step, since the director had counted the required criteria. It dismissed the appeal because the combined evidence did not show sustained acclaim or a place at the top of the field.

The self-represented petitioner is an industry scientist or engineer with publications and a patent who sought extraordinary ability classification. The AAO dismissed the appeal. It rejected the awards, judging and original contributions claims, and although it found one other criterion minimally satisfied, the petitioner still lacked enough qualifying evidence.

A researcher in computer-aided drug design sought extraordinary ability status. The AAO found he met only two of ten criteria (judging and scholarly articles) but needed three minimum. Original contributions lacked demonstrated major significance, and he abandoned claims regarding awards and membership.

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.

A scientific filmmaker and creator of a science film festival sought EB-1A classification. Petitioner claimed published material, judging, original contributions, and scholarly articles. AAO found all claims failed to meet plain language regulatory requirements. No criteria met; appeal dismissed.

Self-represented petitioner sought EB-1A extraordinary ability across sciences, arts, education, business, and athletics. AAO summarily dismissed the appeal because petitioner made general assertions without specifically identifying erroneous director findings, failing to contest any criteria.

Photographer EB-1A petitioner claimed awards, membership, judging, and published material criteria. AAO rejected awards as institution-specific; membership as single association lacking expert review boards; judging as abandoned; and publications as insufficient. No sustained acclaim shown. Appeal dismissed.

Dance instructor or choreographer petitioner claimed multiple EB-1A criteria but met only awards criterion. AAO applied Kazarian two-step test: counted evidence types and found fewer than three qualifying criteria met. Petitioner's ambiguous career focus between dance competition and instruction undermined claim. Appeal dismissed.

Scientist self-petitioner satisfied three regulatory criteria by plain language count. However, AAO's final merits determination found evidence reflected routine accomplishments inconsistent with sustained national or international acclaim. Petitioner failed to demonstrate placement among most experienced and renowned members, so appeal dismissed.

Dance competitor and coach petitioner claimed extraordinary ability. Director found only awards criterion met. AAO upheld awards, upgraded judging to met, but found published material inadequate. With only two qualifying criteria, petition failed threshold requirement of three types of evidence for extraordinary ability classification.

An analyst in power systems economics and intelligent systems applications sought EB-1A classification, with counsel claiming at least three criteria. The AAO found the journal peer review evidence satisfied the judging criterion, but held the record as a whole did not show sustained acclaim or top-of-field standing, and dismissed the appeal.

Self-petitioner relied on work and degree from unaccredited institution AIU. The AAO affirmed denial because petitioner failed to meet three required evidentiary criteria: membership, judging, and original contributions. Reliance on unaccredited credentials demonstrated petitioner lacked recognized achievements and did not reach top percentage in field.

Self-petitioner seeks EB-1A as financial manager in business. Met fewer than three regulatory criteria and lacked sustained national or international acclaim. AAO found evidence shows talent but does not demonstrate exceptional achievement setting petitioner significantly above others.

Medical director claimed six EB-1A criteria. AAO dismissed appeal because petitioner failed to establish sustained national or international acclaim or extraordinary ability. Director found petitioner did not satisfy any claimed criteria, and three criteria were abandoned on appeal.

An athletic trainer for professional sports teams sought extraordinary ability classification after denial and a motion affirming it. The AAO reviewed membership, published material, original contributions and leading role criteria, found the required evidence lacking, and concluded he had not shown sustained acclaim or top-of-field standing, dismissing the appeal.

Scientist seeking extraordinary ability in sciences lacked advanced degrees and established modest credentials below highest field level. Self-published work, limited judging experience at university, and unsubstantiated membership claims failed to demonstrate sustained acclaim required.

Creative producer and writer sought EB-1A extraordinary ability classification. Petitioner claimed and submitted evidence for awards and judging criteria. AAO affirmed denial, finding the Promax/BDA award lacked sufficient national or international recognition and volunteer judging service did not evidence sustained acclaim at the very top of the field.

Singer self-petitioner sought EB-1A extraordinary ability classification. Petitioner met no more than three criteria requirements; AAO found no nationally or internationally recognized awards, insufficient published material, and no judging or major contributions. Petitioner failed to demonstrate sustained acclaim at field top. Appeal dismissed.

Television director and producer claims extraordinary ability. Presented UNICEF Prize, NYICFF award, published articles, and jury participation. AAO found awards not major or internationally recognized, articles insufficiently supported, jury service not based on acclaim, and evidence shows only measurable success not sustained acclaim at very top. Appeal dismissed.

Postdoctoral researcher in life sciences claimed extraordinary ability under six criteria. The AAO found only two criteria possibly met, below the required three, and concluded the evidence failed to demonstrate sustained national or international acclaim at the very top of the field by 2007.

Information technology consultant claims extraordinary ability. Petitioner asserted meeting judging, original contributions, and published material criteria. AAO found none satisfied: seminar speaking is not judging, Oracle guide contributions lack originality and recognition beyond clients, and user guides are not major media. Overall evidence insufficient for top-level sustained acclaim.

A dulcimer player filed an EB-1A petition claiming extraordinary ability in the arts. The AAO affirmed denial, finding the single 1990 national award could not demonstrate sustained acclaim in 2006, and membership and judging evidence lacked sufficient documentation. The overall evidence showed past talent but not sustained national or international acclaim.