Published AAO appeal decisions

An arts professional sought EB-1A extraordinary ability classification. The service center found sustained national or international acclaim was not shown. On appeal, counsel offered only a general assertion of error and promised a brief and evidence that never arrived. The AAO summarily dismissed the appeal for failing to identify any specific error.

Acrobatic performer sought EB-1A classification through awards, publications, and contributions. AAO found petitioner is accomplished but lacks sustained national or international acclaim at very top level, with awards stale, no recent performances documented, and no commercial success demonstrated.

Self-petitioner sought EB-1A classification based on awards, memberships, and published material. AAO found all evidence reflected only local recognition and did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

Sociology and political science researcher in Uzbekistan seeks EB-1A. Decision holds petitioner failed to meet any three criteria for extraordinary ability. Awards not established as nationally or internationally recognized; judging role documented by brief certificate lacking substantive evidence; no demonstrated major impact on field.

Self-petitioner plant physiologist sought EB-1A classification based on provincial award, articles, and researcher position in China. AAO found petitioner failed to meet three criteria and lacked sustained acclaim or evidence of continuing work in United States expertise.

Petitioner claimed extraordinary ability under EB-1A. AAO held petitioner failed to meet three regulatory criteria and dismissed appeal with finding of fraud because petitioner knowingly submitted falsified documents material to eligibility determination.

Automobile mechanic petitioner claimed extraordinary ability under EB-1A. AAO affirmed denial because petitioner failed to meet at least three regulatory criteria: awards were only locally recognized; original contributions lacked evidence of widespread influence; salary lacked comparative documentation. Appeal dismissed.

Medical research assistant self-petitioner sought EB-1A classification in nanotechnology and medical research. Claimed awards and membership criteria. AAO found appreciation letter and association membership insufficient to establish extraordinary ability. Evidence shows talent but not sustained national or international acclaim at very top level.

Plant physiology researcher sought EB-1A extraordinary ability classification. Petitioner submitted fraudulent and altered documents including a falsified prize certificate. AAO found knowing submission of fraudulent documents and dismissed appeal with fraud finding.

A boxing trainer and coach in Turkey seeking EB-1A athletic extraordinary ability provided no evidence of national or international acclaim or ongoing work after 1986. The AAO found he failed to meet three required criteria and dismissed the appeal for lack of sustained acclaim.

Research scientist in malaria and life sciences claimed extraordinary ability based on awards, publications, peer review, and contributions. AAO affirmed denial, finding petitioner had not established sustained national or international acclaim or place among small percentage at top of field despite showing research talent.

Research scientist in molecular biology claimed extraordinary ability in sciences. Submitted evidence of patents, scholarly articles, and published materials. AAO found two criteria satisfied but three required; evidence showed talent and potential but not sustained national or international acclaim at the very top level. Appeal dismissed.

Self-petitioner in business sought extraordinary ability classification. Petitioner filed with degrees, certificates, employment verification, and manuscript but failed to explain how evidence met regulatory criteria. After director issued notice requesting analysis against ten criteria, petitioner did not respond. Appeal dismissed for failure to address grounds for denial.

Research associate in sciences sought EB-1A extraordinary ability. Petitioner claimed membership in Sigma Xi, judging, and scholarly articles criteria. AAO found Sigma Xi membership with 70,000 members non-exclusive, manuscript review routine without evidence of exceptional volume or editorial distinction, and publication record insufficient without independent corroboration of sustained top-level recognition.

Healthcare practitioner in Bulgaria sought extraordinary ability classification based on awards and memberships. AAO affirmed denial finding award lacks scientific community recognition, memberships not exclusive, and overall evidence insufficient to demonstrate placement among very top in field.

Fine artist petitioned for extraordinary ability classification claiming awards, judging, and published material. AAO found awards lacked national recognition, judging criterion unmet as residencies are not prizes, and publications in small media insufficient. Evidence did not demonstrate sustained acclaim at very top national or international level.

Natural bodybuilder sought EB-1A classification claiming five criteria met. AAO found competitive achievements limited to amateur tournaments without evidence of national or international recognition. Appeal dismissed because petitioner failed to establish sustained acclaim at top level.

Pianist holding O-1 visa sought EB-1A classification. Evidence included local performances and newspaper reviews. AAO found standards dramatically different between O-1 and EB-1A, dismissed appeal because petitioner failed to meet three criteria or show sustained acclaim at very top level.

Software engineer petitioner claimed four criteria for extraordinary ability classification. AAO found the awards criterion met but withdrawn published material and original contributions criteria as not meeting acclaim standard. Scholarly articles criterion also failed. Overall, evidence insufficient to establish sustained national or international acclaim at the very top of the field.

Competitive rifleman from Venezuela sought EB-1A extraordinary ability classification in athletics. Met awards criterion with 2002 South American Games medal but failed to demonstrate sustained international acclaim after 2003 or meet three required criteria. Appeal dismissed for insufficient evidence of continued excellence.

Sambo athlete petitioned for EB-1A extraordinary ability in athletics. Claimed awards at junior-level championships and association membership. AAO found junior competitions not at top level, awards unverified, membership criteria unmet, and competitive victories insufficient as original contributions. Appeal dismissed.

Artist seeking EB-1A extraordinary ability in the arts. Petitioner submitted evidence relating to awards, publications, scholarly articles, leading role, and commercial success criteria. AAO held none met; no sustained acclaim demonstrated and record contained no evidence of sustained acclaim after U.S. entry.

Professional musician, composer and producer self-petitioner sought EB-1A classification. Claimed awards, membership, published material, and critical role criteria. AAO affirmed dismissal finding petitioner failed to substantiate any criteria adequately and did not meet requirement of three satisfied criteria.

Research scientist sought EB-1A extraordinary ability classification in sciences. Claimed awards, membership, published material, judging, original contributions, and scholarly articles. AAO found only scholarly articles criterion met; evidence insufficient to demonstrate sustained national acclaim or place among top percentile required for final merits step.

An artist sought extraordinary ability based on awards, board membership, published material, and exhibitions. The AAO found fraudulent submissions of three articles and that remaining evidence failed to meet three criteria. Appeal dismissed with fraud finding.