Published AAO appeal decisions

Postdoctoral physics associate claimed extraordinary ability based on judging, original contributions, and scholarly articles. AAO affirmed dismissal: although three initial evidentiary criteria were satisfied, final merits analysis showed petitioner lacked sustained national or international acclaim and demonstrable expertise placing him among top of field.

An assistant professor self-petitioned for EB-1A extraordinary ability, claiming six criteria. The AAO dismissed, finding she satisfied only two (judging and scholarly articles): she needed three. The award lacked national recognition, and the aggregate record did not establish sustained acclaim or membership in the very top of her field.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.

A public relations professional claimed extraordinary ability for EB-1A classification. AAO found she failed to meet at least three of ten required criteria. Awards were attributed to employer, not individual. Membership evidence did not establish organizations require outstanding achievements by recognized experts. Record shows successful work but not sustained national or international acclaim.

A mountain climber and scout self-petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he met only one of the ten evidentiary criteria (published materials) but not the required three minimum. Overall record did not demonstrate sustained national or international acclaim or elite recognition.

Process engineering manager appealing dismissal of motion to reopen and reconsider EB-1A petition. AAO held motion properly dismissed because evidence submitted post-petition filing and lacked specificity regarding contributions of major significance; petitioner did not overcome basis for prior denial.

A contemporary dancer met at least three EB-1A evidentiary criteria but failed the final merits determination. The decision found insufficient evidence of sustained national or international acclaim, noting a prolonged absence from performing, a shift to other fields, and no evidence of ongoing recognition. Appeal dismissed.

Brazilian jiu-jitsu athlete and coach seeks EB-1A. Claims include competition awards and association membership. AAO found competition medals lack national or international recognition and insufficient media coverage; membership claim not adequately established; does not meet three-criterion threshold or demonstrate extraordinary ability.

Synchronized swimming athlete and coach met initial evidentiary criteria but failed to demonstrate sustained national or international acclaim; seven to eight year gap after relocating to US showed failure to maintain commensurate level of achievement required for extraordinary ability.

Plastic surgeon claimed extraordinary ability under EB-1A, citing awards, association membership, and professional standing. AAO found he was nominated but did not receive the primary award and failed to establish that his association required outstanding achievements judged by recognized experts. Record lacked evidence of sustained national acclaim requisite for the classification.

Chief legal officer in business law seeks EB-1A extraordinary ability classification. Service center erroneously excluded her under profession bar. AAO withdrew that decision and remanded, holding lawyers may qualify under EB-1A if their field is business rather than law practice, requiring reevaluation of claimed criteria and final merits.

An athlete in an unpopular U.S. sport met two criteria on initial review. AAO affirmed dismissal because petitioner failed to explain how post-filing awards applied to the original petition, made only generalized appeals without specific arguments, and did not justify why regulatory criteria did not apply to his field.

A watercolor artist seeks EB-1A extraordinary ability classification. The AAO remanded because the Director's denial lacked complete analysis and sufficient explanation for rejecting several criteria claimed by the petitioner; Director must re-examine evidence and provide detailed reasoning.

A Brazilian jiujitsu coach beginning in 2012 and coaching since 2015 sought EB-1A classification. The AAO found insufficient evidence of major awards, published material, or judging that demonstrates sustained acclaim and status among the very top of the field.

A professor of urban and regional planning in Brazil claims extraordinary ability. He met one of ten evidentiary criteria (judging) but the AAO found he did not meet three required. The record lacks evidence of sustained national or international acclaim or position at the very top of the field.

A scientist claiming six criteria satisfied only two of the required three initial evidentiary thresholds. The AAO affirmed dismissal without reaching final merits, finding insufficient evidence that the petitioner commanded sustained national or international acclaim or ranked among the field's small top percentage.

Powerlifting athlete claims extraordinary ability based on team membership, published articles, and judging roles. AAO found insufficient evidence of three required criteria: membership lacked documentation of selection standards, published material unrelated to U.S. work, and overall record insufficient for extraordinary ability classification.

Volleyball coach and former athlete seeks EB-1A extraordinary ability classification. Petitioner met four initial criteria but failed final merits analysis. AAO held petitioner lacked sustained national or international acclaim as coach and did not demonstrate top-tier achievement in coaching career.

Engineering executive in drilling and well completion sought EB-1A extraordinary ability classification. AAO dismissed because petitioner met only two of required three initial criteria and failed final merits determination; lacks sustained national or international acclaim.

A television and film producer sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, adopting the service center's detailed analysis that the petitioner failed to establish receipt of major internationally recognized awards or satisfaction of three required evidentiary criteria, and thus did not demonstrate sustained national or international acclaim.

Public school employer petitioned for high school science teacher beneficiary as extraordinary ability. Beneficiary met only two criteria: judging and high salary. Award not major and internationally recognized. Did not meet three-criterion threshold or demonstrate sustained acclaim. Appeal dismissed.

AI and mobile app developer from Russia sought EB-1A extraordinary ability classification. AAO affirmed denial because petitioner met only one of ten evidentiary criteria. Awards, membership, publications, judging, contributions, and salary evidence did not meet extraordinary ability standards.

An MMA fighter sought EB-1A classification based on extraordinary ability in athletics. The AAO found she met the awards criterion but failed the membership criterion due to insufficient documentation of selection criteria. The record lacked evidence of sustained national or international acclaim required for extraordinary ability, and the appeal was dismissed.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

A judo martial artist met four EB-1A initial evidentiary criteria through awards, membership, published material, and judging. However, the AAO found insufficient evidence of sustained national or international acclaim and top-tier status to satisfy the final merits determination for extraordinary ability.