Published AAO appeal decisions

A civil engineer claimed extraordinary ability for EB-1A based on eight regulatory criteria. The AAO found he satisfied only two criteria (judging and scholarly articles), below the three required, and failed the final merits test for sustained acclaim at the top of the field.

Collaborative pianist enrolled in doctoral program claims EB-1A extraordinary ability. Director found two criteria met; petitioner appealed claiming two additional criteria. AAO rejected both new claims. With only two criteria met, petitioner failed initial evidence requirement. Appeal dismissed.

An actress and model claimed six EB-1A criteria. The AAO found she met only the judging criterion and dismissed her appeal, concluding she failed to demonstrate extraordinary ability through sustained national or international acclaim as required for this highly restrictive classification.

A mountaineering guide and expedition leader sought EB-1A extraordinary ability classification, claiming five criteria. AAO affirmed two criteria were met but rejected membership and declined to reach other criteria. Because petitioner satisfied only two of ten required criteria and lacked sustained national or international acclaim, appeal was dismissed.

Administrative services manager claimed extraordinary ability under EB-1A. AAO dismissed motions to reopen and reconsider because petitioner failed to provide new evidence timely, did not demonstrate erroneous application of law, and did not establish any of the eight evidentiary criteria.

A painter sought EB-1A extraordinary ability classification. He claimed membership, published material, original contributions, and scholarly articles criteria. The AAO found he satisfied only one initial criterion and failed to meet the required three. Appeal dismissed because the petitioner did not establish extraordinary ability through sustained national or international acclaim.

A television and motion picture production professional claimed four additional criteria beyond the one met criterion. The AAO dismissed because she failed to satisfy three criteria and lacked evidence of sustained national acclaim or top-tier standing in film and television production.

Percussionist and founding band member sought EB-1A classification. Claimed five criteria; AAO found two met. Record reflects successful career with industry recognition but lacks evidence of sustained national or international acclaim placing applicant among top of field.

A pastry chef established six initial criteria including awards, memberships, publications, judging, and high salary. The AAO dismissed because the final merits analysis found insufficient evidence of sustained national acclaim or status among the very top of the field despite meeting initial evidentiary requirements.

Martial arts athlete and instructor claimed three criteria for EB-1A extraordinary ability. AAO found one criterion met but dismissed appeal because petitioner failed to establish three required criteria and lacked sustained national or international acclaim.

A journalist and sub-editor sought extraordinary ability classification, initially claiming all ten criteria. The director found only judging met. The AAO dismissed the appeal, concluding the petitioner satisfied only one criterion because awards, memberships, media coverage, articles and role were not adequately shown, and sustained acclaim was not demonstrated.

A racehorse jockey from Venezuela seeks EB-1A extraordinary ability classification. Petitioner claimed six criteria but established only high salary. AAO dismissed the appeal, finding no nationally or internationally recognized awards, no qualifying association membership, no published material in major media, no exhibitions, and insufficient evidence of sustained acclaim or top-tier status despite some domestic racing success.

Research scientist in molecular virology claimed four criteria. AAO found three met: judging, original contributions, and scholarly articles. However, appeal dismissed because evidence as a whole does not show sustained national or international acclaim or placement among the very top of the field.

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.

A neurological surgeon claimed seven criteria for EB-1A extraordinary ability. The AAO affirmed the Director's finding that she met judging and scholarly articles but rejected awards and membership, and determined that meeting only two criteria did not demonstrate sustained national or international acclaim at the top tier.

A film and television director sought EB-1A extraordinary ability classification. The AAO found she satisfied only the judging criterion and concluded she had not demonstrated sustained national or international acclaim or status among the small percentage at the very top of her field.

A reggae guitarist filed for EB-1A extraordinary ability claiming six criteria. The AAO affirmed the director's finding that the petitioner met only one criterion and dismissed the appeal, holding the remaining evidence insufficient to establish either a one-time achievement or three qualifying criteria.

A personal fitness trainer claimed extraordinary ability based on work with one film production. The AAO affirmed the director's finding that she met only one criterion and lacked evidence of sustained national acclaim or top-tier status.

A percussionist who accompanies well-known artists sought extraordinary ability classification, claiming six criteria. The AAO held that awards, membership, exhibitions and commercial success were not satisfied, reserved two others, and so found fewer than three criteria. It added that the record showed no sustained acclaim.

A television and movie producer in China claimed extraordinary ability, satisfying only scholarly articles of ten criteria. The AAO affirmed that five additional claimed criteria were not met or lacked sufficient evidence, and concluded no extraordinary ability was shown, dismissing the appeal.

A finance business partner claimed four additional criteria beyond two already met by the service center. The AAO agreed she met judging and critical role criteria but rejected membership claims. With only two criteria met instead of three required, the petition failed. Appeal dismissed.

A computational imaging researcher and hardware engineer sought extraordinary ability classification, claiming six criteria. The AAO found three met: judging, scholarly articles and original contributions. It dismissed the appeal at the final merits step because the record showed transitory recognition from graduate research rather than sustained acclaim.

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 finance minority business coach sought EB-1A. Met judging and leading critical role criteria. Additional claims for awards, membership, and published material rejected. Only two of three required criteria satisfied. No sustained national acclaim or top-field status demonstrated despite claimed contributions.