Published AAO appeal decisions

Figure skating choreographer and coach sought EB-1A extraordinary ability classification. She claimed seven criteria including membership, published material, scholarly articles and exhibitions. AAO held she met only judging criterion and failed to meet three-criterion threshold because membership lacked documentation, publications lacked translation compliance and scholarly article was not in qualifying venue.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

Mixed martial arts athlete seeks extraordinary ability classification. Petitioner claimed three criteria but failed to establish any definitively; Director found no major award and denied membership, and AAO affirmed membership finding insufficient. Appeal dismissed; insufficient criteria met and no sustained international acclaim demonstrated.

Bodybuilder claimed extraordinary ability through five criteria. AAO found none met: membership based only on regional contest win; published material in non-qualifying venues; critical role lacking evidence of organizational distinction. No sustained acclaim demonstrated.

An athletic instructor and coach sought EB-2 with national interest waiver. AAO dismissed the appeal, holding the petitioner failed to establish national importance of her proposed swimming coaching endeavor. The decision found her proposed work would benefit only a limited number of local students without broader implications for athletics or the field.

A competitive aircraft model pilot sought EB-1A classification. He claimed membership, published material, and one other criterion. The AAO found he did not establish major award status or three alternate criteria, including that his blog posts were not major media and his title did not evidence association membership. The appeal was dismissed.

Sambo and judo champion sought EB-1A extraordinary ability classification. AAO affirmed dismissal because petitioner failed to present either a major international award or three qualifying criteria; record did not demonstrate sustained national or international acclaim requisite for the classification.

A martial arts instructor with a foreign bachelor's degree and five years of experience sought a national interest waiver to operate a martial arts academy. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its impact would be limited to business customers, not advancing the field broadly.

Mixed martial arts fighter sought EB-2 NIW for promoting MMA and developing fitness and healthy lifestyles. AAO dismissed: petitioner did not establish underlying EB-2 exceptional ability qualification. On NIW merits, endeavor lacks national importance; activities would impact only individual trainees, not the field broadly.

Soccer coach sought EB-1A extraordinary ability classification. AAO held although petitioner met three initial evidentiary criteria, evidence demonstrated only past national acclaim in Trinidad and Tobago with no recent materials, failing to show sustained national or international acclaim required for extraordinary ability classification.

A professional wrestler sought EB-2 exceptional ability classification with a national interest waiver. The AAO found none of the claimed evidentiary criteria satisfied, including license, membership and recognition, and no advanced degree status. Because the threshold classification failed, the waiver question was treated as moot and the appeal was dismissed.

Professional freestyle wrestler seeks NIW for EB-2 advanced degree classification. Proposed competing and coaching for university wrestling club to increase U.S. athletic competitiveness. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed petitioner's skills and value but no documentation of prospective impact on sport broadly or significant employment or economic benefits.

A sailing instructor sought extraordinary ability classification, with the director finding neither a major internationally recognized award nor three evidentiary criteria shown. On appeal the petitioner submitted letters but identified no error of law or fact in the denial, so the appeal was summarily dismissed without examining the underlying evidence.

Brazilian jiu-jitsu athlete and coach claiming extraordinary ability. Petitioner claimed five criteria but established only two: awards and judging. On appeal, sought to add membership and leading role criteria but failed to meet either. AAO dismissed appeal because the petitioner satisfied fewer than the required three criteria and lacked sustained national or international acclaim.

Performer from Russian national athletic team seeking extraordinary ability classification. Meets three evidentiary criteria but fails final merits analysis. Though petitioner had sustained international acclaim as athlete through 2014, he failed to demonstrate sustained acclaim as performer; earnings and lack of public distinction do not reflect extraordinary ability.

An international athlete sought EB-1A extraordinary ability classification based on a one-time major award. The AAO found his European Tour Grand Final victory was not a major internationally recognized award qualifying as one-time achievement and dismissed the appeal without reaching final merits analysis.

A martial arts athlete self-petitioner sought EB-1A extraordinary ability classification. The AAO dismissed, finding the petitioner failed to meet three of ten evidentiary criteria. Awards lacked national/international recognition outside one association; membership status unsubstantiated; published material insufficient.

Tennis coach seeking EB-2 NIW proposed operating a tennis academy. AAO held the specific endeavor lacks national importance despite assertions of tennis benefits and a product innovation; the record does not demonstrate national or global implications within the field or substantial positive economic effects beyond the business.

A rhythmic gymnast sought extraordinary ability classification under EB-1A. She claimed three criteria: lesser awards, published material, and original contributions. The AAO affirmed denial, finding she did not meet any criterion because her awards lacked documented national or international recognition, her media coverage was insufficient, and she presented no evidence of original contributions of major significance.

Martial arts competitor and coach sought EB-1A extraordinary ability. Satisfied awards and judging criteria only. AAO rejected membership claim lacking expert recognition documentation and published material claim lacking proper attribution and venue. Failed to meet three-criterion threshold or demonstrate top-of-field extraordinary ability.

A soccer player met four initial extraordinary ability criteria but failed the final merits test. AAO found his 15-year career and media coverage did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of professional soccer.

Coaching professional applied for EB-2 with advanced degree or exceptional ability, plus NIW. AAO found petitioner lacked five years progressive experience in specialty and failed to establish exceptional ability through required criteria. Decision did not reach NIW analysis because petitioner failed prerequisite EB-2 eligibility.

An entrepreneur in vehicle competition and recreation sought EB-1A extraordinary ability. AAO remanded because the Director failed to properly analyze several claimed criteria and applied unsupported evidentiary standards, particularly regarding published material and continuation of work in the United States.

Athlete and coach in combat sport claimed extraordinary ability through five evidentiary criteria. AAO found he met only the awards criterion but failed the published material and membership criteria. Lacking three qualifying criteria, petitioner did not satisfy initial evidence requirement and did not demonstrate sustained acclaim at the top of the field.

Soccer athlete and youth coach seeking EB-1A extraordinary ability classification. Claimed one major award and satisfaction of at least three evidentiary criteria. AAO held coaching certificates are not major internationally recognized awards and evidence does not establish three criteria met. Record lacks extensive documentation of sustained national or international acclaim required for this classification.