Published AAO appeal decisions

Financial journalist and brand management executive sought EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. Failed on leading role and high salary. AAO found insufficient evidence of sustained acclaim or top field position. Appeal dismissed.

An architect and partner at a firm seeks EB-1A extraordinary ability classification. He met two criteria (scholarly articles and leading role) but failed to establish two additional criteria on appeal regarding awards and published material due to insufficient corroboration. The AAO dismissed, finding he lacks the three-criterion threshold and aggregate evidence does not demonstrate the sustained acclaim required.

Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.

A business executive in China sought EB-1A extraordinary ability classification. She claimed six criteria and the AAO found three met. However, the decision rejected the final merits determination, holding she lacked sustained national or international acclaim and was not among the small percentage at the top of her field, though she held a high-ranking corporate position.

Acrobatic gymnastics performer and circus artist sought extraordinary ability classification. AAO dismissed, finding bronze medal at World Games does not qualify as major internationally recognized award, and only two of ten alternate criteria satisfied, insufficient for classification as individual of extraordinary ability.

Legal consultant seeking national interest waiver for EB-2 advanced degree classification. Petitioner claimed proposed work in cross-border commerce and trade consultation has national importance. AAO affirmed denial, finding work has substantial merit but lacks national importance because benefits would not extend beyond petitioner's company and clients to impact industry or economy broadly.

Orthopedic surgeon specializing in shoulder repair seeking EB-1A extraordinary ability classification. Claimed five criteria including original contributions and scholarly articles. AAO affirmed denial, finding petitioner met only two of three required criteria; original contributions lack evidence of major significance, and overall record does not demonstrate sustained national or international acclaim required for classification.

Business executive in engineering innovations and industrial sales seeks EB-1A. Claimed to meet awards, published material, and judging criteria. AAO found certificate issued to employer not petitioner, advertisement about product not petitioner, and insufficient evidence of judging peers. Appeal dismissed.

Civil engineering researcher seeking EB-1A classification for extraordinary ability. Petitioner met three evidentiary criteria: judging, original contributions, and scholarly articles. AAO dismissed appeal because evidence failed to demonstrate sustained national or international acclaim or position among the very top of the field as required for extraordinary ability.

Wireless communications engineer met three evidentiary criteria but failed final merits determination. Accomplished career and peer support letters insufficient; objective documentation did not show sustained national or international acclaim or top field placement.

A rhetorical linguist with a Ph.D. seeking EB-1A classification claimed four criteria. The AAO found she met two (judging and scholarly articles) but not three required. The appeal was dismissed because her accomplishments do not demonstrate sustained national or international acclaim or place her among the small percentage at the very top of her field.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.

Illustrator and art director. Claimed extraordinary ability via awards, published material, judging, original contributions, exhibitions, and leading role. AAO found two criteria met but lacked evidence of sustained acclaim or top small percentage placement, dismissing appeal.

Weightlifter claimed extraordinary ability based on world championship medals, team membership, published material about his work, original contributions, and high salary. AAO found he met awards and membership criteria but failed published material and original contributions. Did not reach final merits analysis because fewer than three criteria satisfied.

An image consultant coaching beauty pageant contestants claimed five criteria, meeting only judging. The AAO found the remaining criteria unsatisfied and, in aggregate, lacked evidence of national or international acclaim, dismissing the appeal.

Executive Vice President and film/television producer seeking EB-1A extraordinary ability. Met three criteria: published materials, leading critical role, and high salary. AAO dismissed appeal, finding the totality of evidence does not establish sustained national or international acclaim and top echelon field status required for extraordinary ability.

Administrative services manager seeking EB-1A extraordinary ability. Filed motion to reopen and reconsider after initial denial. AAO dismissed appeal on procedural grounds: previously-submitted certificates were not new evidence, and motion to reconsider lacked proper legal or factual support.