Published AAO appeal decisions

A confectionary bakery chef, sponsored by a pastry restaurant, sought nonimmigrant classification as an individual of extraordinary ability. The decision treats the matter as arts-based (O-1B style) and the appeal was dismissed because the petitioner never tied the submitted documents to any regulatory criterion.

Agricultural economist claims extraordinary ability under EB-1A. Submitted evidence for five criteria: awards, high salary, original contributions, leading role, and scholarly articles. AAO found only scholarly articles criterion met; awards lack national/international recognition, salary comparison improper, and original contributions lack sufficient field impact. Fails three-criterion threshold.

A crop pathologist self-petitioner claimed extraordinary ability based on seven criteria. The AAO affirmed only scholarly articles as met, withdrew the USCIS finding on judging, and rejected published materials. With only one criterion met, the petitioner fell short of the three-criterion threshold and was ineligible; final merits analysis was not reached.

Animal science postdoctoral researcher claimed six criteria for extraordinary ability. Service center found only scholarly articles criterion met. AAO affirmed that petitioner satisfied only one criterion, not the required three, and dismissed appeal. Work lacks sustained national or international acclaim at top of field.

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

A chef claimed extraordinary ability, asserting on appeal that seven criteria were met. The AAO dismissed the appeal after finding that awards, membership, published material and original contributions were not satisfied, and that the record did not show sustained acclaim or a place at the top of the field.

A culinary chef and gastronomic consultant sought extraordinary ability classification in the arts. The service center found one criterion met, and he claimed five more on appeal. The AAO found awards, membership, published material, judging and contributions unproven, so fewer than three criteria were satisfied and acclaim was not shown.

A crop researcher filed an EB-1A petition claiming extraordinary ability. The AAO dismissed the appeal because the petitioner satisfied only one criterion (judging) when three were required, and did not establish awards, published material about him, or original contributions of major significance.

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.

Forester self-petitioner claims extraordinary ability. Asserted awards and membership criteria. AAO found certificates of training completion do not constitute nationally recognized excellence awards, and professional licensing does not meet membership criterion. Aggregate evidence insufficient to show sustained national or international acclaim.

Agricultural specialist in hybrid rice production sought EB-1A classification. Claimed awards criterion through scholarship and job appointment. AAO found scholarship lacks evidence of elite recognition and job appointment does not qualify. Overall record fails to demonstrate sustained acclaim placing petitioner at very top of field.

Seafood industry specialist claimed awards and published material criteria. The AAO found nomination without receipt of award insufficient, and abstracts or articles with limited focus on petitioner did not meet the published material criterion. Overall evidence failed to establish sustained national or international acclaim at the field's top.

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.

Cook sought EB-1A extraordinary ability classification. Petitioner claimed awards, membership, judging experience, and exhibitions. AAO found early awards lacked sustained acclaim, membership and judging criteria not met, and exhibitions not demonstrated at exclusive national venues. Record also lacked evidence of intent to continue work in United States.

Self-represented chef claiming extraordinary ability through Chinese cuisine awards, association membership, publication, judging participation and food exhibitions. AAO found awards unverified, membership routine, article improperly translated, judging invitation unsubstantiated, and venues for displays unidentified, failing to show sustained top-tier acclaim.

A food scientist sought extraordinary ability via EB-1A. Claimed academic degrees, certification, publications, cookbook authorship, and conference presentations. AAO dismissed, finding no criteria met and evidence insufficient to show sustained national or international acclaim at top of field.