Published AAO appeal decisions

A film director and producer claimed four criteria for extraordinary ability. The AAO found only scholarly articles met; awards, original contributions, and leading critical role failed due to insufficient evidence of personal achievement or significant field impact. With one criterion met, appeal dismissed.

Swimmer met three initial evidentiary criteria: awards, membership, and published material. However, on final merits analysis, AAO found petitioner lacked sustained national or international acclaim, failed to document complete competition record, showed no recent major achievements, and does not rank among small percentage at field's very top.

A business analyst employed as a director sought EB-1A classification. He claimed five criteria, meeting three initially. The AAO found the judging criterion met but the original contributions criterion not met. On final merits, the AAO held the evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field.

An orthopedic surgeon seeking extraordinary ability classification as scientific advisor met only one of required three criteria through judging. The AAO dismissed the appeal because the petitioner did not establish high salary comparatives or critical role at a distinguished institution, and failed to demonstrate sustained national or international acclaim.

A fashion model claims extraordinary ability. She met only the judging criterion but failed awards, published material, original contributions, exhibitions, and leading role criteria. She lacked documentation for commercial success. With only one criterion met, she falls short of the three required.

Martial artist competing in international events sought EB-1A extraordinary ability. Petitioner claimed six criteria but satisfied none. The AAO found awards lacked national or international recognition, membership not based on expert judgment, published material insufficient, and judging role not demonstrated. Two additional criteria were not reached because the petitioner failed the initial three-criterion requirement.

A violinist claimed five criteria: judging and exhibitions met; awards, scholarly articles, and leading role rejected or unmet. Only two of three required criteria established. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim.

Martial artist serving as regional federation officer claimed awards, published material, judging, and leading role. The AAO found awards lacked national recognition, media sources were not major publications, service as referee did not constitute judging, and did not reach the leading role claim. Appeal dismissed.

A Turkish filmmaker claimed extraordinary ability through six criteria. Director found three met: awards, judging, and exhibitions. AAO affirmed three criteria were met but found the totality of evidence insufficient for sustained international acclaim and top-of-field status required by statute.

Pediatric intensivist in Saudi Arabia sought extraordinary ability classification. Met two criteria (judging, scholarly articles). Awards were institutional only; original contributions lacked evidence of major field significance. Appeal dismissed as fewer than three criteria satisfied.

Dance instructor and choreographer seeks EB-1A classification claiming five criteria. AAO found she met judging and exhibitions criteria but not awards or leading role criteria. Evidence did not show sustained national or international acclaim or position among the very top of the field, so appeal dismissed.

University professor and jurist self-petitioner claimed extraordinary ability in education. AAO reversed Director's findings on awards and judging, finding only scholarly articles criterion met. Since fewer than three criteria were satisfied, AAO dismissed appeal without reaching final merits determination.

Singer self-petitioner claimed extraordinary ability in performing arts. AAO found petitioner did not meet any three required initial criteria: awards lacked verifiable national or international recognition, association membership did not require outstanding achievements, and published material in Albanian outlets did not demonstrate substantial recognition.

A photographer seeking EB-1A extraordinary ability classification claimed four criteria: published material, media coverage, original contributions, and exhibitions. The AAO found only exhibitions established and rejected the others for lack of major significance, insufficient publication credentials, and absence of evidence showing sustained national or international acclaim or placement among the very top.

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 Latin reggae musician sought EB-1A extraordinary ability classification. The AAO found he met three initial criteria: published material, judging, and performance displays. However, the final merits determination failed because the petitioner lacked sustained national or international acclaim after his band dissolved in 2012.

Creative director claimed extraordinary ability through six criteria including awards, membership, published material, and original contributions. AAO found only judging criterion met; awards were team-based, memberships did not qualify, published material requirement unmet, and designs lacked major significance. Appeal dismissed.

Dog handling company seeks O-1A classification for professional handler. Beneficiary established one criterion: awards. Membership and high salary criteria not met; other claimed criteria not analyzed. Petition also failed contract requirement. Appeal dismissed for insufficient evidentiary criteria and missing employment contract.

Foreign trade executive and CEO of Brazilian trading company seeks extraordinary ability classification in business. Claims six additional criteria beyond judging. AAO affirms only judging criterion met; record does not establish three required criteria or sustained international acclaim.

Postdoctoral scholar and environmental sustainability fellow in life sciences seeks extraordinary ability classification. Claims six criteria beyond judging. AAO affirms only judging criterion met; insufficient evidence of three required criteria or status among top percentage in field.

A psychologist seeking extraordinary ability classification claimed four criteria. The AAO affirmed the service center's finding that only two were met: judging and scholarly articles. The original contributions criterion failed because citation counts were not shown to reflect major significance. The petitioner did not establish sustained acclaim or top-tier standing in psychology.

A photographer self-petitioned for EB-1A extraordinary ability. The AAO found he met two of ten criteria: published material and exhibitions. The appeal was dismissed because the evidence did not establish sustained national or international acclaim or that he ranks among the small percentage at the very top of photography.

A hospitality consultant with over a decade of experience met three initial criteria through awards, original contributions to Chinese hotel industry, and critical roles. The AAO sustained the appeal, finding sustained national acclaim and placement among top field experts by preponderance of evidence.