Published AAO appeal decisions

CFD scientist petitioner claimed extraordinary ability in sciences, meeting scholarly articles and leading role criteria. AAO dismissed appeal because petitioner satisfied only two of ten required regulatory criteria and failed to demonstrate major significance contributions or outstanding membership, falling short of three-criterion threshold.

Computer scientist petitioner claimed extraordinary ability, meeting judging and scholarly articles criteria. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish original contributions of major significance or leading role, not reaching three-criterion threshold for final merits consideration.

Art company petitioned to classify a Fluxus artist as O-1A extraordinary ability in the arts. The AAO dismissed, holding the beneficiary did not satisfy the evidentiary threshold; the scholarship and associated persons did not demonstrate the required level of individual distinction, and the criteria for awards and lead roles in distinguished productions were not met.

A sculptor seeks O-1A visa. The decision affirms dismissal of the appeal on a motion to reconsider, finding the petitioner failed to meet evidentiary criteria for awards or critical roles, did not submit qualifying comparable evidence, and provided insufficient detail about employment terms and scheduled activities.

A powerboat racer sought EB-1A classification as an individual with extraordinary ability. The petitioner claimed awards, membership, and published material criteria. The AAO found the awards criterion met but membership and published material not met. Because fewer than three criteria were satisfied, the AAO dismissed the appeal without reaching the final merits analysis.

A Brazilian jiu-jitsu gym petitioned for O-1 classification for a jiu-jitsu coach. The AAO dismissed, finding the beneficiary failed to meet three evidentiary criteria: awards lacked documentation of national or international recognition, memberships did not require recognized expert evaluation, and published materials were instructional videos rather than professional publications.

A college television station petitioned for a cinematographer and broadcast associate as an artist of extraordinary ability. The appeals office found two criteria satisfied, exhibitions and critical role, and withdrew the director's judging finding. Awards, published material and original contributions failed, so the minimum of three was not reached and the appeal was dismissed.

Theoretical physicist claimed extraordinary ability through biographic volume inclusion, peer review participation, scholarly articles, and peer letters. AAO found he failed to meet three of ten criteria; awards lacked recognition, recent publications absent, and original contributions showed only speculative future impact rather than established field significance.

A satellite television news producer sought extraordinary ability classification, claiming awards, published material, judging, scholarly articles, a leading role and contributions. The AAO dismissed the appeal, finding the awards, media coverage, judging and contribution evidence insufficient and the aggregate record short of the required expertise. The decision's treatment of the scholarly articles and leading role criteria is internally inconsistent.

A boxing gym petitioned for an O-1A visa for a boxer claiming extraordinary ability in athletics. The AAO dismissed the appeal because the petitioner failed to provide required written advisory opinion consultation and did not demonstrate three of eight evidentiary criteria, with evidence also deficient in translations.

Professional golfer appeals denial. Claimed membership and high salary criteria on appeal; two criteria met overall. AAO dismissed, finding membership requires outstanding achievement not demonstrated and salary at developmental level insufficient for top-tier classification.

An actor sought O-1A classification for extraordinary ability in the arts. The petitioner claimed a nomination for a prestigious college acting competition as a significant award but failed to demonstrate national or international recognition. The AAO affirmed dismissal because the award was not established as nationally or internationally significant and did not analyze other criteria.

Chemist sought EB-1A classification for extraordinary ability in science. Petitioner claimed six criteria but satisfied only two: judging and scholarly articles. The AAO held that awards, membership, published material, and original contributions were not met, dismissing appeal for failure to meet three-criterion threshold.

A taekwondo studio petitioned for O-1A classification for a taekwondo master. The petitioner claimed awards and membership criteria but failed to establish either through sufficient evidence. The decision also found no proper contract and itinerary for the requested employment period. Appeal dismissed for failure to meet three of eight criteria.

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

A post-production designer and animator in advertising and film sought EB-1A classification. The petitioner claimed three criteria but failed to satisfy the plain language requirements of any of them. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

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.