Published AAO appeal decisions

Orthopedic surgeon claimed extraordinary ability and sought to submit comparable evidence under the catch-all provision. AAO held that comparable evidence is unavailable when ten statutory criteria apply to the occupation and petitioner failed to meet three of them.

Musical artist claimed extraordinary ability through awards and other criteria. AAO held awards criterion not met and found petitioner submitted qualifying evidence under fewer than three regulatory categories, preventing extraordinary ability classification.

The self-represented petitioner is an industry scientist or engineer with publications and a patent who sought extraordinary ability classification. The AAO dismissed the appeal. It rejected the awards, judging and original contributions claims, and although it found one other criterion minimally satisfied, the petitioner still lacked enough qualifying evidence.

Petitioner claimed multiple extraordinary ability criteria. AAO found membership criterion met and withdrew director on awards. Published material criterion abandoned. Only one criterion clearly established. Evidence does not demonstrate top of field. Appeal dismissed.

Performance artist claimed published material, artistic display, and leading role criteria. AAO found published material and exhibitions criteria not met by plain language standards. Only two criteria addressed; three required. Appeal dismissed without final merits analysis.

Self-petitioner sought extraordinary ability classification but submitted evidence meeting only one of ten regulatory criteria. Counsel failed to brief how evidence related to requirements or address director's specific findings. Appeal dismissed for lack of substantive legal or factual argument.

A research associate sought EB-1A classification, with counsel claiming at least three criteria. The AAO examined the published material criterion and found it unmet because the submitted article lacked a stated author. It concluded the evidence did not show sustained acclaim or top-of-field standing, and dismissed the appeal.

Grain industry professional claiming extraordinary ability through lesser nationally or internationally recognized awards. AAO found awards lacked objective evidence of prestige and national or international recognition. Dismissed for failure to meet at least three regulatory criteria.

Professional claiming extraordinary ability through membership in associations, published material, and leading role criteria. AAO found rotary club involvement does not meet membership requirement and counsel abandoned other claims. Dismissed for failure to satisfy three criteria.

Self-petitioner sought extraordinary ability in business for beneficiary but failed to demonstrate major award or three regulatory criteria. Appeal statement merely asserted documents prove eligibility without identifying specific director errors or substantively addressing evidence. Appeal dismissed.

Professional claiming extraordinary ability through multiple criteria. AAO found petitioner knowingly submitted false documents material to eligibility determination. Appeal dismissed with finding of willful misrepresentation.

Actress sought extraordinary ability classification. Director found only one criterion met; AAO withdrew that finding and found published material and awards criteria not met, and exhibitions criterion inapplicable to performing artist. Overall evidence insufficient to show petitioner among small percentage at field top.

Swimming coach seeking extraordinary ability classification. AAO found petitioner's athlete accomplishments do not establish coach expertise and no qualifying evidence under three categories was submitted. Dismissed for failure to meet antecedent regulatory requirement.

Professional musician and composer sought EB-1A classification claiming three regulatory criteria: nationally recognized awards, published material about him, and scholarly articles. The AAO found the awards lacked national or international recognition beyond local organizations and the published material did not meet documentation requirements regarding dates, author attribution, and translations. Appeal dismissed.

Contemporary classical music composer petitioner claimed four criteria. AAO found awards lack proper foreign language translations and supporting evidence of competitive recognition. Remaining three criteria not analyzed. Appeal dismissed.

Operations research petitioner claimed three criteria. AAO found NSF grant insufficient as award and articles not primarily about petitioner, but accepted original contributions criterion met. Only one of three minimum criteria satisfied. Appeal dismissed.

Visual artist petitioner claimed four criteria for extraordinary ability. AAO found awards not nationally or internationally recognized, membership based on employment not achievement, published material lacking proper documentation, and role not critical to organizational success. Appeal dismissed.

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 public health specialist and medical epidemiologist claimed extraordinary ability under EB-1A. The AAO dismissed the appeal, finding the petitioner did not establish three evidentiary criteria and failed to demonstrate sustained national or international acclaim necessary for extraordinary ability classification.

A petitioner claimed extraordinary ability under EB-1A, presenting evidence of awards, membership, and published material. The AAO dismissed the appeal, finding none of the three criteria were met because the award lacked national recognition, membership was not based on outstanding achievement, and the published article appeared in a minor publication.

A musician appealed denial of extraordinary ability classification. The AAO dismissed the appeal summarily because the petitioner failed to identify specific errors in the director's decision and did not submit a promised brief with additional evidence within one year.

An actor claimed extraordinary ability under EB-1A, citing a leading role on a Disney Channel series and letters of recommendation. The AAO dismissed the appeal, finding the petitioner failed to meet three criteria because the television role was singular and undocumented in significance, and letters lacked objective evidence of contributions to the field.

Self-petitioner in athletics (equestrian performer) claimed two criteria only. Director found failure on both original contributions and critical role criteria. Appeal summarily dismissed for failure to identify erroneous conclusions of law or fact.

Self-petitioner in athletics (boxer) failed to meet three regulatory criteria. Director found deficiency in awards, published material, original contributions, and high salary criteria, and conducted final merits determination finding no extraordinary ability. Appeal summarily dismissed for general allegations without specific erroneous conclusions.

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.