Published AAO appeal decisions

Biomedical researcher seeking EB-1A extraordinary ability met three criteria: judging, scholarly articles, and original contributions. Final merits determination found petitioner demonstrated sustained national acclaim and recognition in field, achieving level of expertise placing them among very top of field. Appeal sustained.

Self-petitioner computational research scientist sought EB-1A classification in sciences. AAO found awards, judging, and original contributions criteria not met. Published material and membership claims abandoned or not analyzed. Petitioner failed three-criterion threshold; appeal dismissed.

A martial artist petitioner sought EB-1A classification. He claimed five criteria but submitted incomplete evidence: award certificates lacked certified translations, published materials were not about him or lacked required information. The AAO found he met none of three required criteria and dismissed the appeal.

A foreign language instructor seeks EB-1A extraordinary ability classification in education. He claimed six of ten regulatory criteria were met. The AAO found awards, published material, and judging criteria unmet under the plain language requirements and comparable evidence rules. The petition was dismissed because the petitioner failed to establish the requisite level of sustained acclaim.

Self-petitioner athletic coach sought EB-1A classification in coaching field. AAO found awards, membership, and published material criteria failed because evidence related to swimmer athlete status, not coaching excellence. Petitioner did not meet three-criterion threshold; appeal dismissed.

Self-petitioner anthropologist sought EB-1A classification claiming awards, publications, original contributions, exhibitions, and leading role. Most criteria raised for first time on appeal without clear connection to anthropology field. Petitioner failed three-criterion threshold; appeal dismissed.

Petitioner claimed extraordinary ability based on lesser nationally or internationally recognized awards including a Telly Award. AAO found no independent objective evidence establishing awards as nationally or internationally recognized for excellence. Petitioner failed to satisfy three-criteria threshold and did not demonstrate required level of expertise. Appeal dismissed.

A writer, motivational speaker, and magician sought extraordinary ability classification. Petitioner claimed awards and membership but failed to meet initial evidence requirement of one-time major award or at least three of ten criteria. AAO found no nationally or internationally recognized award for excellence and petitioner abandoned membership claim, dismissing appeal for lack of qualifying evidence.

Self-petitioner, artist, sought EB-1A classification claiming published material criterion. AAO dismissed appeal, finding evidence was from local rather than major media, did not establish national or international reach, and petitioner failed to meet the three-criteria threshold required for extraordinary ability.

Self-petitioner, biomedical researcher, sought EB-1A classification. AAO sustained appeal, finding petitioner met three regulatory criteria: judging, scholarly articles, and original contributions of major significance. Final merits determination confirmed sustained national acclaim and expertise among top percentage in biomedical research.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

Self-petitioner, luthier, sought EB-1A classification claiming awards and other criteria. AAO dismissed appeal, finding awards lacked national or international recognition, selection criteria were unclear, and petitioner failed to meet the minimum three-criteria threshold for extraordinary ability.

A competitive runner self-petitioner claimed extraordinary ability through awards, team membership and judging. The AAO sustained appeal finding three criteria met: nationally and internationally recognized medals, national team membership, and judging evidence. Aggregate evidence demonstrated sustained acclaim and placement among small percentage at field top.

A fashion journalist sought extraordinary ability classification, claiming at least three regulatory criteria. The appeals office dismissed the appeal because inconsistencies about the awards and published articles were not resolved by independent evidence, leaving the remaining documents unreliable. It also made a finding of willful material misrepresentation based on fabricated documentation.

A mountain climber sought EB-1A classification based on a first place award in a climbing competition and association membership. The AAO found the award lacked evidence of national or international recognition and membership was registration only, not membership requiring outstanding achievements.

A self-petitioner sought extraordinary ability classification, and the director found sustained acclaim not established. On appeal she only promised a later brief and evidence, which never arrived, and she did not identify any specific error. The appeals office therefore summarily dismissed the appeal under the regulation, without analyzing any criteria.

A molecular virology research scientist sought EB-1A extraordinary ability classification. AAO held petitioner met only one of ten criteria (judging) and failed to establish one-time achievement, falling short of the three-criterion threshold for sustained national or international acclaim.

Rural sociology Ph.D. holder claiming extraordinary ability in creativity studies. Raised awards criterion for first time on appeal asserting conference recognition, organizational appointment, and book adoption. None established as qualifying nationally or internationally recognized prizes. Appeal dismissed.

An engineer sought EB-1A classification claiming three criteria. The AAO found the petitioner met the judging criterion but not the membership criterion; evidence of only one criterion is insufficient. Even in aggregate, evidence did not demonstrate the expertise required for extraordinary ability.

Self-petitioner in unspecified sciences field claimed extraordinary ability through awards, published material, judging, and original contributions. AAO upheld denial, finding petitioner failed to meet initial evidence threshold of three criteria. No qualifying evidence submitted under any criterion.

A violinist and instructor sought EB-1A classification claiming five criteria. The AAO dismissed the appeal, finding insufficient evidence of awards and that the other claimed criteria did not meet plain language requirements. Evidence in aggregate failed to demonstrate extraordinary ability.

Chess player claimed extraordinary ability through awards, published material, judging, and leading role. AAO found only awards criterion met. Published material lacked national reach, judging and role criteria unsupported. Initial threshold of three criteria not satisfied.

Singer applying for O-1A visa. Petitioner claimed eligibility under seven criteria but satisfied none of three required. Award received while student not shown open to professionals; wage comparable to average levels in market. Petition fails initial evidentiary threshold. Appeal dismissed.

A professor sought extraordinary ability classification in business. After an earlier untimely appeal was rejected and a motion denied, a new appeal was filed. Counsel received one extension and was refused another without good cause. The AAO summarily dismissed the appeal because it identified no specific error in the denial. No criteria were analyzed.

A pianist sought extraordinary ability classification in the arts after the service center denied the petition and dismissed a motion. The AAO dismissed the appeal, finding the award and contribution evidence insufficient, so fewer than three criteria were satisfied, and the overall record did not show sustained acclaim or top-of-field standing.