Published AAO appeal decisions

Musician and musical director filed EB-1A petition claiming extraordinary ability. Petitioner met only two of ten required criteria. AAO found regional success and upward career trajectory but insufficient evidence of sustained national or international acclaim at very top of field. Appeal dismissed.

A pharmacokinetics reviewer at the FDA seeking extraordinary ability classification based on awards, membership, published material, peer review, and leadership roles. The AAO found only published work met criteria; other evidence was insufficient to establish sustained national acclaim warranting extraordinary ability classification.

A self-represented petitioner seeking extraordinary ability classification with insufficient documentation. The AAO found awards lacked recognition evidence, membership did not meet criteria, published material was inadequately documented, judging duties were not established as professional-level, and no evidence showed intent to continue work in the United States.

A Chinese acrobat claimed extraordinary ability in athletics and the arts. She submitted awards and association membership as evidence. The AAO found her awards lacked national recognition, her association membership required only experience not outstanding achievement, and no published materials existed. She failed to meet the three-criterion threshold and did not demonstrate sustained acclaim at the top.

Martial artist and instructor claiming extraordinary ability based on wushu competition awards, committee membership, and media articles. AAO found championship awards insufficient significance, membership criteria unsatisfied without official bylaws, articles not published in major media, and statement of intent to open training center lacked financing details. Appeal dismissed.

A registered somatic movement therapist claimed extraordinary ability in sciences. She submitted a dance scholarship, association certifications, and peer-review activities as evidence. The AAO found the scholarship insufficient, certifications did not prove outstanding achievement, no published materials existed, and teaching did not constitute judging. She failed to meet the three-criterion threshold.

Self-petitioner, a vegetable carver, sought EB-1A classification claiming awards, membership, and exhibitions. The AAO found petitioner met none of these criteria and did not achieve the sustained national or international acclaim necessary for extraordinary ability.

Visual artist claiming extraordinary ability based on local exhibitions, newspaper articles, and association participation. AAO found participation certificate not a top honor, membership criteria unsatisfied, published material limited to regional Spanish-language press without sustained coverage, and exhibitions insufficient for national reputation. Appeal dismissed.

A recreational and movement therapist self-petitioned for EB-1A extraordinary ability classification. Petitioner claimed awards, membership, published material, and judging criteria. AAO upheld director's denial, finding insufficient evidence of sustained national or international acclaim or status within the small percentage at the very top of the field.

A power lifter from Uruguay seeking EB-1A classification claimed extraordinary ability through awards, judging, and organizational roles. The AAO dismissed the appeal, finding only one criterion met and rejecting claims of leading role and sustained acclaim as personal trainer.

Self-petitioner seeks EB-1A classification as business person with extraordinary ability. Claimed awards, membership, published material, and leading role criteria. AAO rejected all criteria and concluded beneficiary is successful regional businessman without sustained national or international acclaim required for extraordinary ability classification.

Self-petitioner, a visual artist, claimed EB-1A extraordinary ability based on awards, membership, publications, and salary. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim at the very top of her field despite being a successful artist.

A development and publicity consultant and independent producer for television and film sought extraordinary ability classification, claiming eight criteria. The AAO accepted two as met but found the rest unmet, so fewer than three were satisfied. It also found no sustained acclaim or top-of-field standing, and dismissed the appeal.

Classical music promoter, self-petitioner, claimed five criteria for extraordinary ability. AAO found membership, published material, judging, exhibitions, and leading role criteria unsatisfied. Evidence insufficient to demonstrate sustained national or international acclaim at the very top level.

Ballroom dancer in dancesport sought EB-1A extraordinary ability classification. Petitioner claimed awards, membership, published material, and critical role criteria. AAO found awards from youth competitions insufficient, no qualifying association membership, and publications lacked national circulation and recency. Overall evidence showed talent but not sustained acclaim among the very top.

Bonsai artist petitioner claimed extraordinary ability under EB-1A. AAO held petitioner failed three regulatory criteria: awards lacked competition details and were not sustained; membership did not require outstanding achievement; exhibitions at significant venues not demonstrated. Appeal dismissed.

Banking industry manager seeking EB-1A extraordinary ability. Petitioner claimed membership, published material, judging, leading role, and high salary. AAO dismissed, finding membership not based on achievement, internal publications undisclosed, judging routine job duty, no distinguished establishment role recognition, and insufficient salary evidence, failing three-criterion threshold.

Visual artist seeking EB-1A extraordinary ability classification. Petitioner claimed awards, membership, published material, and exhibitions. AAO dismissed appeal, finding no nationally recognized award, non-qualifying association membership, limited media coverage lacking sustained attention, and exhibitions without top-tier recognition, thus failing to establish sustained acclaim.

A musician sought EB-1A extraordinary ability classification. The petitioner claimed multiple criteria including awards, membership, published material, and others. The AAO found only two criteria met, below the required three-criterion threshold, and concluded the evidence does not demonstrate sustained national or international acclaim or placement in the small percentage at the top.

Self-petitioner seeking EB-1A extraordinary ability for beneficiary in business. Beneficiary president and CEO of successful furniture retail company in Arizona. AAO found evidence demonstrates successful local business reputation but not sustained national or international acclaim placing him among very top of field.

Performing artist self-petitioner sought EB-1A extraordinary ability in the arts. AAO found petitioner met zero of four criteria analyzed and lacked evidence of intent to continue work in the United States, denying the petition on independent grounds.

Scientist in cancer research self-petitioner sought EB-1A extraordinary ability classification. AAO found petitioner met zero of criteria analyzed; while work was valuable, record lacked evidence of sustained national or international acclaim placing him at field's top.

An engineer sought EB-1A extraordinary ability classification. The petitioner met the scholarly articles criterion through widely cited PhD publications. However, the AAO found he met only one criterion when three are required, and concluded evidence does not demonstrate sustained national or international acclaim or status among the very top.

A postdoctoral cardiology researcher sought EB-1A classification. The AAO concurred with the director that the petitioner met no criteria of the ten regulatory requirements. Despite talent demonstrated through articles and letters, evidence does not show sustained national or international acclaim or placement within the small percentage at the very top.

Postdoctoral researcher in sciences claimed extraordinary ability through awards, membership, publication, and peer review. AAO found all claimed criteria unmet: awards were academic only, membership lacked proof of outstanding achievement requirement, publication lacked journal verification, peer review was routine without distinction. Overall record failed to show sustained national acclaim or top-tier positioning.