Published AAO appeal decisions

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

Cardiothoracic surgeon and clinical instructor sought extraordinary ability classification. Met three criteria: judging, scholarly articles, and leading role. AAO sustained appeal, finding the aggregate evidence demonstrated sustained national and international acclaim and expertise at the very top of the field.

A policy analyst seeking EB-1A in sciences met three initial criteria (judging, original contributions, scholarly articles) and demonstrated extraordinary ability in final merits. The AAO sustained the appeal, finding the petitioner had sustained national acclaim at the very top of his field.

A post-production designer and animator in advertising and film sought EB-1A classification. The petitioner claimed three criteria but failed to satisfy the plain language requirements of any of them. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability.

A specialist in intelligent transportation research and associate professor sought EB-1A in sciences. The petitioner met three criteria (judging, scholarly articles, original contributions) and demonstrated sustained national acclaim at the very top of the field. The AAO sustained the appeal.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

Geologist and petroleum researcher claiming extraordinary ability in hydrocarbon modeling. Failed to meet three criteria threshold. Awards not nationally recognized, judging role informal only, and original contributions lacked major field significance. Appeal dismissed; petitioner did not establish required expertise level.

A computer scientist appealed a denial after submitting additional evidence of high salary on appeal. The AAO found three criteria met: judging, scholarly articles, and high salary. Final merits determination confirmed extraordinary ability through demonstrated expertise at top of field.

Canyoneering guide sought extraordinary ability in athletics. Claimed membership and published material criteria but failed to satisfy initial evidentiary requirements. AAO found membership standards did not require outstanding achievements and articles lacked publication in major venues.

Architect claims extraordinary ability. Met only one criterion: exhibitions. AAO rejected awards, membership, published material, leading role, and commercial success criteria. Found petitioner failed to meet three-criterion threshold; did not establish sustained acclaim or top status.

A circus performer and motorcycle stunt artist claimed extraordinary ability in the arts. The AAO sustained the appeal, finding three regulatory criteria met: published material, original contributions via world record, and critical role for a distinguished organization. Final merits determination confirmed sustained international acclaim and elite status.

Dancer and choreographer self-petitioner sought EB-1A extraordinary ability classification. Claimed multiple regulatory criteria but satisfied only one: critical role at distinguished organization. AAO affirmed denial because only one criterion met, not three required, and overall evidence did not show sustained acclaim at top of field.

Researcher in gastroenterology sought EB-1A extraordinary ability. Director initially found only two criteria met, but AAO considered three criteria in final merits determination. AAO found petitioner failed all analyzed criteria and did not demonstrate sustained national or international acclaim required for classification.

Freestyle wrestler sought EB-1A extraordinary ability classification. Met at least three criteria including awards and published material, but failed final merits determination. AAO found evidence did not demonstrate sustained national or international acclaim or place among small percentage at top of field.

A consultant proposes to form a small business improving veterans services and wounded warrior reintegration. The AAO held all three Dhanasar prongs were met: the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it with demonstrated expertise and a credible business plan, and the United States benefits from waiving the job offer requirement given his expertise and past success.

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

An opera soprano sought EB-1A classification as an artist of extraordinary ability. She satisfied three initial criteria: awards, judging, and exhibitions. However, the AAO found she failed the final merits determination, lacking the sustained national or international acclaim necessary to demonstrate she is among the small percentage at the very top of her field.