Published AAO appeal decisions

Horse racing trainer sought O-1A classification as an artist, but AAO determined the occupation (race horse training and business operation) falls within business or athletics, not the arts. Petitioner self-petitioned, which is impermissible for O-1A. Appeal dismissed on multiple independent grounds.

A professional in secure wireless communication claimed extraordinary ability as self-petitioner. AAO affirmed director's finding that petitioner failed to meet at least three of ten regulatory criteria. Evidence does not demonstrate sustained national or international acclaim or position within small percentage at very top of field. Appeal dismissed.

An athlete claimed extraordinary ability through awards, memberships, and published material. The AAO upheld the director's denial, finding the petitioner satisfied no criterion fully. Awards did not meet all evidentiary elements; membership was singular not plural; publications lacked proper scope and authorship evidence.

Self-petitioner artist sought EB-1A classification claiming published material, exhibitions, and original contributions criteria. AAO affirmed published material was met but rejected original contributions as lacking evidence of major significance. Petition failed three-criterion requirement; appeal dismissed.

Petitioner claimed extraordinary ability through lesser awards, membership, and original contributions. AAO found one award criterion met but petitioner failed to submit sufficient evidence under at least three criteria required for extraordinary ability classification. Membership criterion raised on appeal without prior RFE response was not analyzed. Appeal dismissed.

Bioinformatics research scientist with PhD in statistics claimed extraordinary ability through peer review, original contributions, and scholarly articles. AAO found peer review criterion met, but original contributions criterion failed because article citations and journal ranking did not demonstrate major significance. Overall evidence insufficient for extraordinary ability. Appeal dismissed.

A performer seeks extraordinary ability classification as writer, speaker, and magician. The petitioner claimed membership, published material, original contributions, and exhibitions. AAO found none met the regulatory criteria: membership relied on potential not achievement, articles merely mentioned rather than featured the petitioner, claimed technique lacked demonstrated field impact, and performances do not satisfy exhibitions requirement.

A kickboxing trainer and coach sought extraordinary ability classification in athletics. Petitioner claimed awards, membership, published material, and judging. AAO found no awards nationally or internationally recognized for excellence in coaching, no evidence memberships based on outstanding achievement, articles not primarily about petitioner, and no reliable evidence of judging participation.

Self-petitioner, academic researcher, sought EB-1A classification claiming awards and original contributions. AAO dismissed appeal, finding scholarships were not nationally recognized awards, impact claims lacked field-wide evidence, petitioner met only two criteria, and failed to establish extraordinary ability at highest level.

An artist self-petitioner claimed extraordinary ability in arts under EB-1A. She asserted meeting published material and original contributions criteria. The AAO affirmed the director's denial, finding no qualifying published material about her work in major publications and no demonstrated contributions of major significance. Overall evidence insufficient to establish sustained national or international acclaim.

The petitioner is a business owner and manufacturer who claimed four of the ten extraordinary ability criteria. The AAO dismissed the appeal, finding that the awards lacked documentation and evidence of recognition, and that the published material was not shown to appear in major media. Two criteria were accepted as met by the director, so fewer than three were established.

An artist self-petitioner on motion to reopen claimed extraordinary ability through membership, published material, original contributions and exhibitions. The AAO dismissed appeal because membership was uncontested, published material lacked proper documentation, original contributions showed only speculative future impact, and exhibitions were not analyzed. Three-criterion threshold not met.

An artist self-petitioner claimed extraordinary ability through awards and published material. The AAO upheld denial because residencies and fellowships do not constitute recognized prizes and foreign publications lacked complete certified English translations. Aggregate evidence did not demonstrate required expertise level.

A supply chain management professional self-petitioner claimed extraordinary ability through membership, judging, original contributions and scholarly articles. The AAO upheld denial because membership criterion was not met, original contributions lacked demonstrable field impact, and scholarly articles criterion requires multiple publications. Only judging criterion was satisfied.

An announcer and actor sought EB-1A extraordinary ability classification. The petitioner claimed awards and other criteria but failed to provide properly certified foreign language translations or demonstrate national or international recognition. The AAO affirmed dismissal, finding burden not met.

Self-petitioner claiming extraordinary ability in an unspecified field. Claimed multiple criteria but submitted insufficient qualifying evidence. Director and AAO found petitioner failed to meet the three-criterion minimum and no one-time major award demonstrated. Appeal dismissed.

A scientist filed an EB-1A petition claiming extraordinary ability through original contributions, judging, and exhibitions. The AAO dismissed the appeal, finding publications and conference presentations alone insufficient without evidence of major significance, and that the petitioner failed to meet the required three regulatory criteria.

A cancer research scientist sought EB-1A classification based on extraordinary ability. The AAO affirmed denial, finding the petitioner claimed seven criteria but satisfied none. Fellowship and grant funding were insufficient to meet the awards criterion, and the petitioner failed to submit three types of qualifying evidence required for eligibility.

The petitioner is a music producer and arranger who claimed to meet seven of the ten extraordinary ability criteria and also sought to rely on comparable evidence. The AAO dismissed the appeal, holding that comparable evidence was unavailable for this occupation and that the awards evidence did not show the petitioner personally received qualifying prizes.

Scientist sought EB-1A extraordinary ability classification. Petitioner met one criterion on original contributions but failed three-criterion threshold. Second-place award lacked national or international recognition. Letters regarding scholarly impact unsupported by evidence of field-wide significance.

Visual artist or designer sought EB-1A extraordinary ability status. Petitioner claimed original contributions and high salary criteria. AAO upheld director's finding that petitioner failed three-criterion threshold; original contributions lacked field-wide significance, and speculative future impact cannot establish eligibility.

Psychiatrist self-petitioner claimed extraordinary ability in sciences. AAO found he failed to establish three qualifying criteria, specifically rejecting that his APA Distinguished Fellowship met the membership requirement. The aggregate evidence did not demonstrate the level of expertise necessary for EB-1A classification.

A geotechnical engineer self-petitioner sought EB-1A extraordinary ability classification claiming three criteria. The AAO dismissed the appeal because the petitioner failed to demonstrate nationally or internationally recognized awards and abandoned membership claims, providing no qualifying evidence of sustained acclaim at the top of the field.

An artist petitioner claimed extraordinary ability, asserting at least three criteria including awards and membership. The AAO dismissed the appeal because the petitioner failed to document that her awards were nationally or internationally recognized and could not show her memberships required outstanding achievements.

A senior pastry chef claimed extraordinary ability in fine kosher pastry design, asserting four criteria. The AAO dismissed the appeal because the petitioner's published recipes lacked evidence of major significance, and displayed work lacked documentary proof of exhibition at recognized artistic showcases.