Published AAO appeal decisions

Medical health services manager seeks EB-1A extraordinary ability classification. AAO affirmed USCIS finding of four criteria met but held petitioner failed final merits determination; lacks career of sustained acclaimed work and evidence of recognition at very top of field.

Healthcare consultant and platform developer sought EB-1A extraordinary ability classification. AAO found he met minimum evidentiary criteria but did not demonstrate the sustained national or international acclaim and recognition required to place him among the small percentage at his field's top.

A veterinarian appealed motion to reopen extraordinary ability denial. The AAO dismissed the motion, finding no new facts warranting reopening. Though meeting three regulatory criteria at step one, the appellate decision properly found insufficient evidence of sustained acclaim and top percentage standing at step two.

A pediatric cardiologist seeks EB-1A extraordinary ability classification. SCOPS found only two criteria met; AAO reversed on published material, establishing three criteria. The threshold satisfied, AAO remands for final merits determination evaluating sustained national or international acclaim and whether petitioner ranks among the very top in the field.

A healthcare ethics and medical communication researcher in early-career stage seeks EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner had not established sustained national or international acclaim or demonstrated career of acclaimed work required for extraordinary ability.

First assistant surgeon self-petitioned for EB-1A extraordinary ability. Claimed four criteria: association membership, original contributions, scholarly articles, and leading role. AAO found membership criterion not met and leading role criterion not met; original contributions and scholarly articles not analyzed. Appeal dismissed.

A veterinarian sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading critical role. However, the AAO dismissed her appeal because the totality of evidence did not demonstrate sustained national or international acclaim or that she ranked among the very top of her veterinary field.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Medical resident and researcher sought EB-1A extraordinary ability classification based on six claimed criteria. Service center found only two criteria met; AAO affirmed, finding only judging and scholarly articles satisfied. Since fewer than three criteria were met, petitioner failed threshold initial evidence requirements, so final merits analysis was not needed. Appeal dismissed.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

Physical therapist seeking EB-1A extraordinary ability claimed original contributions, leading role, and high salary criteria. AAO dismissed because petitioner met only one criterion; original contributions lacked demonstrated major significance and organization lacked distinguished reputation.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

A radiologist seeking EB-1A extraordinary ability classification met the threshold evidentiary criteria but failed the final merits determination. The AAO found that while the petitioner demonstrated substantial accomplishments and institutional affiliations, the evidence did not establish sustained national or international acclaim at the very top of nuclear medicine.

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.

A cardiovascular diseases fellow sought extraordinary ability classification. He met judging and scholarly articles criteria but failed to establish three criteria minimum. His original contributions lacked demonstrated major significance despite publications and citations; his leading role claims lacked specificity. Appeal dismissed for insufficient evidence of top-tier acclaim.

A nephrologist with board certification seeks EB-1A extraordinary ability classification. He claimed three evidentiary criteria: judging, scholarly articles, and critical role. The AAO sustained the appeal, finding he met three initial criteria and demonstrating sustained national acclaim as a leading expert with a career of acclaimed work, qualifying him for extraordinary ability.

An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was dismissed.

Dermatologist established clinic offering skincare and aesthetic treatments, appeared on television and radio providing medical commentary. Claimed seven criteria; Director found only remuneration criterion met. AAO affirmed five criteria not satisfied and found record lacks sustained national or international acclaim required for extraordinary ability.

Maternal and child health specialist and school principal met two criteria: published material and judging. Did not establish leading role for distinguished organization. Director and AAO found only two criteria met, below three required. Lacks sustained national or international acclaim. Appeal dismissed.

A radiologist self-petitioner claimed seven EB-1A criteria. The AAO found three criteria satisfied: judging, scholarly articles, and high salary. The AAO rejected membership, original contributions, and leading critical role as not meeting the standard. The petitioner lacked sustained national or international acclaim required for extraordinary ability.

A physician self-petitioner claimed eight EB-1A criteria. The AAO found only two criteria met: judging and scholarly articles. Original contributions lacked major significance; leading/critical role failed to show distinction. On final merits, the AAO found no sustained national or international acclaim; upward career trajectory insufficient for top-tier status.