Published AAO appeal decisions

Athlete and coach in combat sport claimed extraordinary ability through five evidentiary criteria. AAO found he met only the awards criterion but failed the published material and membership criteria. Lacking three qualifying criteria, petitioner did not satisfy initial evidence requirement and did not demonstrate sustained acclaim at the top of the field.

Executive producer in entertainment seeks EB-1A classification. Claimed four awards, published materials, leading role, and high salary. AAO found one award met criterion and director had already granted leading role criterion, but rejected claim of major internationally recognized award and found petitioner did not demonstrate extraordinary ability or sustained acclaim at top of field.

A CEO of a cleaning service company sought EB-1A extraordinary ability classification. He failed to meet the required three initial evidentiary criteria; his entrepreneurship award was student-limited, and chamber membership lacked the outstanding achievement requirement, leaving him ineligible for final merits analysis.

Soccer athlete and youth coach seeking EB-1A extraordinary ability classification. Claimed one major award and satisfaction of at least three evidentiary criteria. AAO held coaching certificates are not major internationally recognized awards and evidence does not establish three criteria met. Record lacks extensive documentation of sustained national or international acclaim required for this classification.

Photographer from Venezuela who exhibited work in Venezuela, France, and United States. Met three evidentiary criteria: lesser awards, exhibitions, and judging. However, AAO agreed with director that totality of evidence does not demonstrate sustained national or international acclaim or placement among top photographers. Appeal dismissed.

Competitive swimmer sought EB-1A extraordinary ability classification based on national medals and team membership. AAO affirmed that petitioner met only two of ten criteria, falling short of the required three. Appeal dismissed because petitioner lacked sustained acclaim and did not demonstrate placement among top of field.

Police officer and trainer in Brazil seeking EB-1A extraordinary ability classification, claiming jiu-jitsu medal and various professional achievements. AAO found only three criteria met but rejected petition at final merits stage, finding petitioner lacked sustained national or international acclaim required for classification.

An economic historian in Turkey and Germany with two books and scholarly articles sought EB-1A classification. Though meeting three initial criteria, the AAO dismissed the appeal, finding the petitioner lacked sustained national or international acclaim. One book publication seven years prior with 34 citations did not demonstrate top-tier field recognition required.

Biochemistry researcher with Ph.D. from India, conducted research in United States via J-1 visa. Claimed five criteria; met judging and scholarly articles only. Awards, published material, and original contributions rejected. Final merits determination found no sustained acclaim or top-tier status despite meeting two evidentiary criteria. Appeal dismissed.

Orthopaedic surgeon sought EB-1A extraordinary ability classification. Petitioner met four evidentiary criteria but AAO held he lacked sustained national or international acclaim necessary for the classification, finding awards were for financial assistance, media coverage was minimal and ended, judging involved only medical students, and publication record insufficient.

A producer and journalist from Venezuela seeking EB-1A extraordinary ability claimed six criteria. The AAO affirmed the Director's finding that she met two (judging, artistic display) but rejected four others (awards, membership, published material, leading role) and concluded her work in local media did not demonstrate sustained national or international acclaim required for the top tier.

Business operations specialist claimed extraordinary ability under EB-1A, meeting two of ten criteria initially: leading role and high salary. On appeal, claimed published material criterion but AAO found translations inaccurate and uncertified. AAO dismissed, finding insufficient evidence of acclaim or top-tier status despite meeting two criteria.

Opera singer claimed five criteria for extraordinary ability: lesser awards, published material, judging, artistic display, and leading roles. AAO found only two criteria met (judging and display) by the Director, but rejected three others. Published material lacked depth; leading roles involved organizations without distinguished reputation. Petitioner failed to demonstrate sustained national or international acclaim required.

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.

Wood carving craftsman sought EB-1A extraordinary ability classification. Initially filed under EB-2 exceptional ability; Director treated as EB-1A request. Petitioner met only judging criterion of ten required; failed to meet three-criterion threshold. AAO found no sustained national or international acclaim.

An artist and painter from Peru sought EB-1A extraordinary ability. Although demonstrating artistic exhibition displays, he failed to establish receipt of nationally or internationally recognized awards or publication in major media. Meeting only one of three required criteria, he lacked evidence of sustained acclaim.

Visual artist from Venezuela with bachelor's degree in painting. Claimed lesser awards, membership in associations, and published material. Met only two criteria per director; on appeal, awards and membership also rejected as lacking national or international recognition. Appeal dismissed because petitioner failed to meet three criteria threshold and lacked sustained acclaim.

An artist agent, who is also a professor of studio arts, petitioned for a fine artist under the O-1 classification for extraordinary ability in the arts. This is O-1B, not O-1A. The AAO dismissed the appeal because the evidence did not satisfy three of the alternative regulatory criteria.

Amateur athlete and coach claiming extraordinary ability in athletics. Petitioner met three initial criteria but failed final merits step: lacked sustained acclaim, no competition or awards post-2017, limited media coverage, and coaching work did not demonstrate top-level achievement required for EB-1A.

Sound design and editing specialist claimed extraordinary ability under EB-1A, asserting eligibility for seven criteria. AAO found petitioner met none of the required ten criteria and dismissed the appeal, finding awards lacked national recognition and MPSE membership did not satisfy requirements.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.

Musical director claiming extraordinary ability under EB-1A. Petitioner claimed six criteria and a major international award. AAO found the award not established as major or internationally recognized, abandoned on appeal. None of the six claimed evidentiary criteria were satisfied. Appeal dismissed.