Published AAO appeal decisions

Makeup stylist in characterization claimed extraordinary ability in arts. AAO held petitioner failed to establish major internationally recognized award and did not meet three regulatory criteria. Evidence did not demonstrate sustained acclaim or position at top of field.

Sports aerobics competitor and instructor claimed extraordinary ability in athletics. AAO held petitioner demonstrated only minimal evidence of two criteria, with issues regarding prestige of competitions and membership. Evidence insufficient for sustained acclaim at top level.

Artist in documentary and cultural work claimed extraordinary ability in arts. AAO summarily dismissed appeal because petitioner provided no supporting evidence and failed to specifically challenge director's detailed findings on three regulatory criteria.

A plant biology researcher seeks EB-1A classification. He claimed awards, membership in professional societies, a leading critical role, and scholarly articles. The AAO found he met the scholarly articles criterion but did not establish sustained national or international acclaim or rank in the small percentage at the top of his field.

Research scientist in direct methanol fuel cell systems claiming EB-1A extraordinary ability. Petitioner demonstrated professional distinction particularly in multidisciplinary fields but failed to meet at least three regulatory criteria. Evidence insufficient to show sustained national or international acclaim at the very top.

An artist petitioned for EB-1A extraordinary ability classification. She claimed awards and exhibitions criteria, submitting evidence of finalist selection and acceptance into a national juried art exhibition. The AAO dismissed the appeal, finding neither criterion met and that the evidence does not establish sustained national or international acclaim required for this highly restrictive classification.

A karate competitor filed an EB-1A petition claiming extraordinary ability through awards, membership, media coverage, and judging criteria. The AAO found one criterion met but concluded the overall evidence does not demonstrate sustained national or international acclaim or placement in the small percentage at the very top of the field. Appeal dismissed.

An athlete in arts and athletics sought extraordinary ability classification. The AAO found no major internationally recognized awards and concluded youth/amateur competition awards do not demonstrate sustained national or international acclaim at the very top level required.

Filmmaker petitioner claimed extraordinary ability based on film awards and Emmy judging. AAO held neither criterion met: festival prizes lack major international recognition required, and Emmy judging is separate regulatory criterion not claimed initially. Evidence of one successful film insufficient for sustained top-level acclaim.

Soccer player petitioner claimed extraordinary ability based on youth and amateur tournament awards. AAO held awards from amateur and youth competitions do not demonstrate sustained acclaim at very top of professional field. Evidence insufficient to establish petitioner among small percentage at top.

Traditional Thai musician petitioner claimed extraordinary ability based on youth award and performances for officials. AAO held youth student award insufficient for nationally recognized prize; performances fall under display criterion. Evidence insufficient for sustained international acclaim at very top of field.

Self-petitioner in sciences claims extraordinary ability. Petitioner submitted evidence of honorary doctorate and association membership. AAO found honorary doctorate not nationally or internationally recognized and association membership not analyzed. Appeal dismissed; petitioner failed to establish sustained national or international acclaim.

Senior transportation and ITS analyst seeks EB-1A extraordinary ability classification. The AAO affirmed denial, finding the petitioner did not meet three criteria and lacked sustained national or international acclaim at the very top of the field.

Artist seeking EB-1A extraordinary ability classification. The appeal was summarily dismissed because counsel failed to identify any specific erroneous conclusions of law or fact and made only vague assertions about proof standards without elaboration.

Artist in the arts seeks EB-1A extraordinary ability classification. The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusions of law or fact on appeal and submitted no arguments or evidence addressing the regulatory criteria.

Professional shooter and trainer seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding national shooting championship awards do not establish sustained international acclaim and achievements lack the evidence required for extraordinary ability status.

Scientist in optical engineering sought extraordinary ability classification. Failed to establish nationally recognized awards or original contributions of major significance. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Medical researcher sought extraordinary ability as alien of extraordinary ability. Failed to establish receipt of nationally recognized awards or membership requiring outstanding achievement. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Artist claimed extraordinary ability in the arts. Met one criterion (published material) but failed to meet at least three required criteria or demonstrate sustained national or international acclaim at the very top of the field. AAO affirmed denial.

Athletic coach sought extraordinary ability classification. Met two criteria (awards and leading role) but needed three. AAO rejected argument that same evidence satisfies membership criterion separately, finding petitioner lacked sustained national or international acclaim at coaching's very top level.

A Peking opera performer claimed extraordinary ability through awards and association membership. The AAO found awards limited by age are not nationally recognized, membership evidence insufficient, and aggregate evidence insufficient to show sustained acclaim at the top of the field.

Professional soccer player and instructor seeking EB-1A classification as self-petitioner. Claimed awards and published material from 1990s; intended to work as coach in United States. AAO found awards too old and awards from unclear league, articles stale, and coaching distinct from competitive playing. Appeal dismissed.

A performing artist sought EB-1A extraordinary ability classification. Claimed Filipino Awit Award and association membership. AAO held Awit Award reflects only national, not international, recognition; insufficient to meet criteria; and petitioner failed to demonstrate sustained top-level acclaim or intent to continue work in United States.

An actor previously approved for EB-1A sought reclassification. Claimed award nominations and commercial success. AAO held nominations are insufficient; actual award receipt required; critical and commercial success are distinct; and current evidence fails to show sustained top-level acclaim despite prior approval.

A petitioner filed EB-1A petition with no evidence supporting regulatory criteria. AAO held petitioner submitted no evidence meeting any criterion; additionally, petitioner knowingly submitted altered documentation with false dates and signatures to mislead USCIS. Appeal dismissed with finding of fraud and willful misrepresentation.