Published AAO appeal decisions

Self-petitioner, biomedical researcher, sought EB-1A classification. AAO sustained appeal, finding petitioner met three regulatory criteria: judging, scholarly articles, and original contributions of major significance. Final merits determination confirmed sustained national acclaim and expertise among top percentage in biomedical research.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

Electrical engineer sought extraordinary ability classification. Met three criteria: judging, published material, and leading role. AAO sustained those findings but rejected the final merits determination, holding evidence showed competence but not sustained national or international acclaim or top-tier status required for EB-1A.

A neonatologist seeking extraordinary ability in sciences claimed three criteria including scholarly articles, contributions, and leading roles. The AAO summarily dismissed the appeal because the petitioner failed to identify erroneous conclusions and did not challenge the director's specific findings with substantive basis.

A physician self-petitioner sought EB-1A extraordinary ability classification. The AAO found she did not meet the initial threshold of three regulatory criteria. The Director's earlier favorable finding on the judging criterion was withdrawn due to insufficient documentation of formal judging participation. Citation counts and other evidence did not satisfy other claimed criteria.

Instructional technology researcher sought extraordinary ability classification. Met two of ten required criteria: judging through peer review and scholarly articles. Decision held that contributions lacked major field-wide significance despite specialization in online distance education, failing to demonstrate sustained acclaim required for extraordinary ability.

A supply chain management professional self-petitioner claimed extraordinary ability through membership, judging, original contributions and scholarly articles. The AAO upheld denial because membership criterion was not met, original contributions lacked demonstrable field impact, and scholarly articles criterion requires multiple publications. Only judging criterion was satisfied.

Self-petitioner claiming extraordinary ability in an unspecified field. Claimed multiple criteria but submitted insufficient qualifying evidence. Director and AAO found petitioner failed to meet the three-criterion minimum and no one-time major award demonstrated. Appeal dismissed.

Scientist sought EB-1A extraordinary ability classification. Petitioner met one criterion on original contributions but failed three-criterion threshold. Second-place award lacked national or international recognition. Letters regarding scholarly impact unsupported by evidence of field-wide significance.

A self-petitioner claimed extraordinary ability under EB-1A, with director finding two criteria met. The AAO affirmed judging and scholarly articles criteria but found original contributions lacked major significance for the field. Petitioner failed to meet the three-criterion threshold required for EB-1A eligibility.

A self-petitioner for EB-1A classification failed. She met the scholarly articles criterion but not published material (reviews alone insufficient), judging (no documentation of formal duties), or original contributions (citations not indicative of major significance). Meeting only one criterion, plus failing the final merits prong, resulted in dismissal.

Musician and composer. Claimed publications, judging, original contributions, and scholarly articles. AAO found judging criterion met but original contributions unsupported by letter quality and scholarly articles deficient due to single submission. Final merits assessment found insufficient evidence of sustained acclaim or top-tier status. Appeal dismissed.

A geriatric physician self-petitioner claimed EB-1A extraordinary ability. The petitioner established one criterion (judging) but failed on awards and scholarly articles. The AAO affirmed dismissal, finding insufficient evidence of sustained national or international acclaim or place among the very top of the field.

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

Self-represented researcher in life sciences claiming extraordinary ability. Met two evidentiary criteria but failed three-criterion minimum. Original contributions lacked evidence of major significance; impact limited to immediate colleagues. Appeal dismissed.

An exercise and sport psychology professional filed self-petition seeking EB-1A classification. Director found two criteria met. Petitioner contested three other criteria on appeal but failed to establish three criteria minimum. AAO affirmed dismissal; petitioner not demonstrated to be at very top of field.

Self-petitioner sought EB-1A classification but submitted demonstrably false evidence. AAO issued notice of adverse information and intent to dismiss. Petitioner withdrew petition in response without substantive rebuttal. AAO found willful material misrepresentation material to eligibility and dismissed appeal based on withdrawal.

An academic or educator claimed three evidentiary criteria were satisfied. Although technically meeting the judging, original contributions, and scholarly articles categories, the AAO found the evidence reflected routine duties rather than sustained national or international acclaim at the very top of the field, failing the final merits determination.

The petitioner is a physician who self-petitioned as an alien of extraordinary ability; the director found eight criteria unmet. On appeal counsel made only general assertions. The AAO summarily dismissed, deemed several criteria abandoned, and noted that membership and scholarly articles remained unsupported.

Medical researcher claiming extraordinary ability. Petitioner submitted evidence under six criteria; AAO found judging and scholarly articles met, but petitioner met only two of ten required types. In final merits analysis, insufficient evidence demonstrated sustained national or international acclaim or placement at very top of field.

Cardiology fellow sought EB-1A extraordinary ability in sciences. Director found petitioner met only one of five analyzed criteria and failed final merits determination. On appeal, counsel made only passing references to memberships and judging without substantive arguments. AAO summarily dismissed for failure to identify specific errors.

A researcher in computer-aided drug design sought extraordinary ability status. The AAO found he met only two of ten criteria (judging and scholarly articles) but needed three minimum. Original contributions lacked demonstrated major significance, and he abandoned claims regarding awards and membership.

A cardiology fellow sought EB-1A classification. Petitioner claimed awards, membership, original contributions, and high salary. AAO found only two criteria met (judging and scholarly articles). Without three criteria, the petitioner failed to demonstrate extraordinary ability. Appeal dismissed.

A scientific filmmaker and creator of a science film festival sought EB-1A classification. Petitioner claimed published material, judging, original contributions, and scholarly articles. AAO found all claims failed to meet plain language regulatory requirements. No criteria met; appeal dismissed.

Self-represented petitioner sought EB-1A extraordinary ability across sciences, arts, education, business, and athletics. AAO summarily dismissed the appeal because petitioner made general assertions without specifically identifying erroneous director findings, failing to contest any criteria.