Published AAO appeal decisions

Geologist and petroleum researcher claiming extraordinary ability in hydrocarbon modeling. Failed to meet three criteria threshold. Awards not nationally recognized, judging role informal only, and original contributions lacked major field significance. Appeal dismissed; petitioner did not establish required expertise level.

An art studio/gallery petitioned for an artist beneficiary for O-1A classification. The AAO dismissed the appeal, finding the beneficiary was neither nominated for nor received a qualifying award, and satisfied fewer than three of the six required criteria, failing to demonstrate extraordinary ability in the arts.

Agent petitioned for volleyball athlete beneficiary for O-1A extraordinary ability classification. AAO dismissed, finding beneficiary failed to meet a major award or three of eight evidentiary criteria; submitted evidence lacked significance documentation and professional publication status.

A fencing club petitioned for a fencing coach's O-1A classification. The beneficiary claimed extraordinary ability based on competitive fencing awards, coaching accomplishments, and refereeing experience. The AAO found only the judging criterion met; awards predated his coaching career and student achievements did not satisfy his own recognition requirement. Appeal dismissed.

A yacht management company petitioned for O-1A classification for a beneficiary in business. The AAO found beneficiary met only one evidentiary criterion and dismissed the appeal, concluding she failed to demonstrate the extraordinary ability required.

Tennis academy sought O-1A classification for beneficiary tennis coach. AAO found beneficiary lacked major international award and failed to satisfy three of eight evidentiary criteria, particularly regarding awards under comparable evidence standard and membership in qualifying associations.

Architect claims extraordinary ability. Met only one criterion: exhibitions. AAO rejected awards, membership, published material, leading role, and commercial success criteria. Found petitioner failed to meet three-criterion threshold; did not establish sustained acclaim or top status.

Dancer and choreographer self-petitioner sought EB-1A extraordinary ability classification. Claimed multiple regulatory criteria but satisfied only one: critical role at distinguished organization. AAO affirmed denial because only one criterion met, not three required, and overall evidence did not show sustained acclaim at top of field.

Researcher in gastroenterology sought EB-1A extraordinary ability. Director initially found only two criteria met, but AAO considered three criteria in final merits determination. AAO found petitioner failed all analyzed criteria and did not demonstrate sustained national or international acclaim required for classification.

Freestyle wrestler sought EB-1A extraordinary ability classification. Met at least three criteria including awards and published material, but failed final merits determination. AAO found evidence did not demonstrate sustained national or international acclaim or place among small percentage at top of field.

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

An opera soprano sought EB-1A classification as an artist of extraordinary ability. She satisfied three initial criteria: awards, judging, and exhibitions. However, the AAO found she failed the final merits determination, lacking the sustained national or international acclaim necessary to demonstrate she is among the small percentage at the very top of her field.

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.

The beneficiary is a head squash coach for whom O-1A classification in athletics was sought. Claims covered awards, membership, and other criteria tied to coaching roles. The AAO dismissed the appeal because three criteria were not established and the aggregate evidence did not show sustained acclaim or top-of-field standing.

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.

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.