Published AAO appeal decisions

A self-petitioner assistant research professor in electrical or computer engineering claimed extraordinary ability. The AAO found minimal evidence of peer review meeting one criterion but concluded the overall record did not demonstrate the petitioner distinguished himself to qualify as extraordinary ability.

Self-petitioner electrical engineer claimed seven criteria for EB-1A extraordinary ability. AAO found petitioner met none of the claimed criteria and failed to establish the three required to show sustained national or international acclaim at the top of the field.

A collegiate soccer player petitioned for EB-1A extraordinary ability. The AAO rejected arguments to narrow the field to collegiate soccer and found that while one criterion was met, the evidence lacked sustained acclaim. The petitioner failed to demonstrate achievement setting him significantly above almost all others in the field.

A bank manager in business claimed six EB-1A criteria based on administrative and human resources work. The AAO found she met none of them sufficiently. Her internal materials lacked external recognition, her judging was routine employment duty, and her roles, though notable, did not establish sustained national or international acclaim required for extraordinary ability.

Self-petitioner artist in performing arts sought EB-1A extraordinary ability status. Submitted evidence of Israeli awards, membership, newspaper publications, and client letters. AAO found all evidence insufficient: untranslated documents, local rather than national acclaim, supporting role in one film, and lack of recognition as placed at top of field. Appeal dismissed.

A research chemist in chemistry and materials science claimed EB-1A criteria for work on fluorescent compounds and published articles. The AAO found he met two criteria: original contributions and scholarly articles. However, lacking the required three criteria and evidence of extraordinary acclaim above nearly all others in his field, the appeal was dismissed.

A former member of a Taiwanese pop band and photographer claimed EB-1A criteria based on 1980s-1990s fame. The AAO found he met only one criterion. His past pop music acclaim was not sustained through subsequent television, acting or photography work. Untranslated media articles could not be considered, and commercial success claims lacked corroboration.

A visual artist and founding member of a Russian art collective claimed EB-1A criteria. The AAO found he met only one criterion. His memberships lacked demonstrated outstanding achievement standards, published material was insufficient, and though he exhibited widely in Russia and abroad, the record did not establish original contributions of major significance or commercial success.

A self-petitioner researcher in life sciences sought EB-1A classification based on extraordinary ability. The AAO found she did not meet three or more regulatory criteria required to demonstrate sustained national or international acclaim and that the evidence collectively did not show she had risen to the very top of her field despite demonstrable skill and promise.

A self-petitioner art director in motion picture advertising sought EB-1A classification. Although the AAO found the petitioner met the awards and judging criteria, the decision affirmed dismissal because only two of the required three criteria were met and the evidence did not collectively demonstrate extraordinary ability at the very top of the field.

A mountaineer and alpine instructor claimed extraordinary ability in athletics based on Everest ascent and climbing accomplishments. AAO held evidence does not establish sustained national or international acclaim placing him at the very top of the field; awards and memberships lack requisite documentation and sustained demonstration.

A self-petitioner researcher in materials science sought EB-1A classification. The AAO affirmed dismissal, finding significant flaws in the director's reasoning but upholding the conclusion that the petitioner did not meet three required criteria, including through patents and recommendation letters, to demonstrate sustained national or international acclaim.

A researcher claiming extraordinary ability in sciences. Petitioner claimed membership, judging, original contributions, and scholarly article criteria. AAO found memberships require only basic credentials, no peer review evidence, research work not established as major contribution, and witness letters insufficient to show sustained acclaim. Appeal dismissed.

A former Taiwanese pop band member and photographer claiming extraordinary ability in arts. Petitioner claimed awards, published material, and original contribution criteria. AAO found past fame as pop singer does not constitute sustained acclaim, untranslated newspaper articles inadequate, and television and photography work insufficient as major contributions. Appeal dismissed.

Orthopaedics researcher claimed extraordinary ability in sciences. Decision found petitioner accomplished but lacking sustained national or international acclaim at field's top. Multiple regulatory criteria not met; insufficient documentation of major contributions.

Optical engineer claims extraordinary ability through scholarships, internal award, manuscript review, and major contributions to fiber optics. AAO found significant scientific contributions but insufficient sustained acclaim at field's top level to meet EB-1A standard.

Scientist claimed EB-1A status as computational scientist based on patents, encyclopedia entries, and peer review work. AAO dismissed, finding awards academic only, memberships non-exclusive, self-published coverage inadequate, and contributions lacking major significance to demonstrate sustained national acclaim.

Business intelligence systems analyst and developer sought extraordinary ability classification. Petitioner claimed judging, original contributions, and leading role. AAO found judging limited to employment duties, recommendation letters insufficient to show major field significance beyond acquaintances, and no documentary evidence of organizational role or reputation.

A gymnastics coach claiming extraordinary ability based on alleged Olympic participation and coaching accomplishments. The AAO found no corroboration of Olympic participation, insufficient recognition of awards, inadequate published material documentation, and letters of support insufficient to demonstrate sustained national acclaim at the top of the field.

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.

Research scientist with NSF funding and academic appointment claiming extraordinary ability. Submitted expert witness letters and job offers alongside article publications. AAO rejected awards, judging, and contribution claims; found publication expected at postdoctoral level insufficient; ruled research assistant role not leading or critical despite employer reputation. Appeal dismissed.

Self-represented former athlete petitioner claimed extraordinary ability through past athletic achievements and subsequent business and ministry work. AAO found petitioner was accomplished athlete but lacked sustained national or international acclaim placing him at the very top of his field. Appeal dismissed.

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.

A research scientist claims extraordinary ability via awards, citations, judging, original contributions, scholarly articles, and conference presentations. The AAO found only the judging criterion met but concluded the overall evidence did not establish sustained national or international acclaim placing him at the field's very top.

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.