Published AAO appeal decisions

Self-petitioned psychiatrist with board certifications and institutional contributions claimed extraordinary ability under six EB-1A criteria. AAO dismissed, finding no sustained national or international acclaim placing applicant at very top of field despite accomplishments.

Scientist in chemical senses research claimed extraordinary ability through awards, membership, published material, and judging roles. AAO rejected each criterion: awards lacked documentation, membership did not require outstanding achievement, published materials criterion unmet, and supervising research does not constitute judging. Petitioner failed to establish three criteria required for EB-1A.

A collegiate soccer player claimed extraordinary ability in athletics through awards, membership, published material, judging, and original contributions. The AAO found one criterion arguably met but concluded the evidence lacked sustained acclaim necessary for the top of the field, dismissing the appeal.

A scientist claimed extraordinary ability through awards, membership, published material, judging, and original contributions. The AAO rejected each criterion, finding no evidence of sustained national or international acclaim placing the petitioner in the small percentage at the very top of the field.

A scientist claimed extraordinary ability through awards, membership, published material, and judging. The AAO rejected the awards and membership claims as insufficient, found no media attention, and concluded the petitioner failed to meet three criteria required for extraordinary ability classification.

Optical engineer claimed extraordinary ability through awards, memberships, judging, and original contributions. AAO found judging criterion met but other criteria not satisfied. Evidence showed significant contributions but lacked demonstration of sustained acclaim placing petitioner at very top of field.

Theatrical performer and artist claimed extraordinary ability in arts. Met awards criterion through Honored Artist of Russian Federation title but failed membership, published material, and exhibitions criteria. AAO found only one criterion met when three required; dismissed for insufficient evidence of sustained national acclaim.

Self-petitioner software engineer claimed extraordinary ability through awards, published materials, and scholarly articles. AAO held petitioner failed to meet three required criteria because awards lacked national stature, publications were not in major trade outlets, and articles did not demonstrate sustained field acclaim. Appeal dismissed.

Self-petitioner research scientist claimed extraordinary ability through awards, memberships, citations, and judging. AAO held research grants unsubstantiated, memberships lacked outstanding achievement requirements, citation record not applicable to criterion, and judging work insufficient. Evidence shows talent but not top-level sustained acclaim. Appeal dismissed.

Self-petitioner in marketing and communications claimed extraordinary ability through awards, professional memberships, published materials, and scholarly articles. AAO found the APEX Award lacked national recognition, memberships were unverified with unclear criteria, published materials were dated and scattered, and a single scholarly article over career insufficient. Appeal dismissed.

Art director in entertainment advertising claimed extraordinary ability. AAO found two criteria met: awards indicating sustained national acclaim and judging experience. However, original contributions and leading role not established; high salary not sustained. Overall evidence insufficient to show petitioner is among the small percentage at the very top.

Food scientist claimed extraordinary ability through membership, publications, judging, and other criteria. AAO rejected membership, published material in directories, and editorial judging as insufficient. Letters from colleagues in single province not national experts. Overall evidence fails to show sustained national acclaim or presence at top level.

Former competitive rhythmic gymnast and coach sought EB-1A extraordinary ability. Service center denied for lack of sustained acclaim. AAO affirmed, finding career as athlete ended 1998 and coaching achievements insufficient: no major awards, published materials not about beneficiary, no evidence of plans to continue work in the United States.

Mechanical engineer claimed extraordinary ability through membership, published materials on political issues, judging service, and scholarly articles. AAO found published materials concerned politics not engineering, judging service lacked evidence of selectivity, and scholarly articles lacked evidence of influence. Appeal dismissed for failing to meet three required criteria.

Computational scientist and mineral engineer claimed extraordinary ability through awards, membership, published materials, judging, and original contributions. AAO found awards academic and limited, memberships non-exclusive, citations not meeting criterion, judging routine, and contributions insufficiently significant. Appeal dismissed for failing to meet three required criteria.

Postdoctoral physics researcher claimed extraordinary ability through published materials, judging, original contributions, and scholarly articles. AAO found citations insufficient for published materials, judging service routine and limited, expert opinions insufficient for contributions, but met scholarly articles criterion. Appeal dismissed for meeting only one required criterion.

A research scientist in chemistry or materials science sought extraordinary ability classification, claiming several criteria including awards, membership, judging and scholarly articles. The AAO dismissed the appeal, finding fellowships, society membership and routine peer review insufficient, and the overall record did not show sustained acclaim or top-of-field standing.

Self-petitioner visual artist in arts seeks EB-1A extraordinary ability. Claimed awards, membership, published material, and high salary. AAO found no major international recognition, unverified association membership, local press coverage insufficient, and no evidence of top-tier compensation. Appeal dismissed.

Self-represented diplomat and physics instructor sought EB-1A classification claiming extraordinary ability. AAO dismissed appeal, finding petitioner failed to establish three regulatory criteria and lacked sustained national or international acclaim at the very top of his field despite diplomatic achievements.

A materials science and engineering researcher sought extraordinary ability classification, claiming awards, membership, published material, judging and original contributions. The AAO dismissed the appeal, finding none of these criteria satisfied since the evidence showed promise rather than sustained national or international acclaim or standing at the very top of the field.

Classical music promoter sought EB-1A extraordinary ability classification. Claimed at least six criteria including membership, published material, judging, and exhibitions. AAO found petitioner met fewer than three criteria and lacked sustained national or international acclaim or evidence of being in the top percentage of the field.

A mountaineer and alpine instructor claimed extraordinary ability in athletics through awards, membership in climbing clubs, published material, judging, and original contributions. The AAO found no award demonstrating sustained acclaim, no proof that club membership required outstanding achievement, articles only mentioned accomplishments, teaching duties were routine, and colleague letters did not show major significance. Appeal dismissed.

A scientist in cardiovascular and cerebrovascular diseases claimed extraordinary ability through awards, membership, published material, editorial position, and leadership roles. The AAO found awards too old, insufficient membership documentation, incomplete translations of articles, editorial work too remote in time, and leadership positions routine in the field. Appeal summarily dismissed for lack of specific arguments or evidence.

Electrical engineer sought EB-1A extraordinary ability classification. Petitioner claimed multiple criteria including awards, membership, publications, judging, original contributions, and scholarly articles. The AAO found insufficient evidence for any criterion; petitioner failed to demonstrate sustained national or international acclaim or distinguish himself significantly from others in the field.

An epidemiologist sought EB-1A classification based on research on sleep apnea and cardiovascular disease. The AAO dismissed the appeal, finding the petitioner failed to meet three required criteria. Awards were departmental only, published work lacked primary focus on petitioner, and contributions lacked widespread recognition as major.