Published AAO appeal decisions

Entrepreneur in mergers and acquisitions and financial services sought EB-1A classification. Claimed seven criteria. AAO found awards and leading role criteria were not met because supporting evidence lacked adequate recognition and organization stature alone does not establish award prestige. Salary criterion failed for lack of comparative data. Appeal dismissed.

Classical music composer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held beneficiary did not sufficiently contextualize or compare accomplishments to other renowned composers to show sustained acclaim and elite status.

Artificial intelligence graduate researcher failed to meet three-criterion threshold. AAO found competition awards not nationally recognized; ChatGPT-sourced supporting documents deemed unreliable. With only two criteria potentially met, final merits analysis reserved as unnecessary.

Financial specialist in investment banking in China sought extraordinary ability in financial technology and cross-border investment. AAO upheld dismissal because petitioner failed to demonstrate three of ten required criteria; awards lacked recognition and original contributions were not shown to be major or industry-adopted.

A competitive swimmer sought EB-1A extraordinary ability classification. The AAO held he failed to meet the evidentiary threshold, finding only two criteria satisfied and rejecting published material and leading role claims. Final merits also not demonstrated despite claimed accomplishments.

Healthcare payer business unit manager sought EB-1A extraordinary ability classification. AAO found petitioner established only one criterion—leading critical role—but failed awards, original contributions, and high salary criteria. Petition dismissed for failing to meet three-criterion threshold for extraordinary ability.

A software developer working in machine learning seeks EB-1A extraordinary ability classification. She claimed six criteria; USCIS found four met (judging, authorship, leadership role, high salary). The AAO affirmed dismissal because the totality of evidence does not demonstrate sustained national or international acclaim or placement in the very top of the field.

A franchise development businessman sought EB-1A extraordinary ability classification. He claimed ten criteria and demonstrated two: published material and judging. The AAO affirmed denial, finding he failed to meet at least three criteria, satisfied no major award, and lacked evidence of sustained national or international acclaim required for extraordinary ability.

International consultant and policy analyst self-petitioner claimed four alternate criteria for extraordinary ability. AAO upheld USCIS denial, finding petitioner met only the leading role criterion but failed on awards, published material, and original contributions. Threshold of three criteria not satisfied; final merits declined.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.

Research scholar and professor claims extraordinary ability. Met three regulatory criteria but failed final merits determination. AAO found evidence does not demonstrate sustained national or international acclaim required for small percentage at top of field.

A photographer, visual strategist, and editor seeks EB-1A classification. The AAO found she met initial criteria but lacked sustained national or international acclaim sufficient to demonstrate extraordinary ability. The decision dismissed the appeal because the cumulative evidence did not place her among the small percentage at the top of her field.

Professor of applied linguistics sought EB-1A classification. Claimed six criteria; AAO found petitioner failed to satisfy at least three criteria by rejecting awards, published material, and original contributions findings. Withdrew SCOPS' favorable determinations on these three without reaching final merits given failure to meet evidentiary prongs.

Ceramic fabricator and contemporary artist blending cultural heritage with modern fabrication seeks EB-1A extraordinary ability. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish three additional criteria including awards, membership, and published materials with credible evidence.

A Brazilian jiu-jitsu instructor appealed EB-1A petition denial. The AAO found petitioner failed to satisfy three initial evidentiary criteria: awards from athletic competition do not count when claiming coaching role; Brazilian publications do not qualify as major media; and no evidence established critical role or distinguished organizational reputation. Appeal dismissed.

A political science professor and researcher with a master's and PhD sought EB-1A classification based on extraordinary ability. She claimed nine regulatory criteria. The AAO found the awards and membership criteria unmet and did not reach the remaining criteria or final merits because initial evidence threshold was not satisfied.

Information technology and AI professional claimed extraordinary ability. USCIS found three criteria met: judging, scholarly articles, and leading roles. Final merits determination concluded petitioner lacked sustained national or international acclaim required for top-tier field status. Appeal dismissed; unpublished district court ruling not binding.

A Brazilian journalist self-petitioner claimed extraordinary ability based on eight criteria. The AAO found insufficient evidence for awards and published material criteria, with translation and documentation gaps. Lacking three met criteria, the petitioner was ineligible; final merits were not analyzed.

Executive chef with work history in Poland and United States claimed four criteria. AAO found three criteria met but concluded totality of evidence did not demonstrate sustained acclaim or recognition as among small percentage at very top of culinary field. Appeal dismissed.

Athlete seeking EB-1A extraordinary ability classification. Established multiple initial criteria despite withdrawal of membership finding. Final merits analysis found evidence reflected time-limited success lacking sustained national or international acclaim required for pinnacle-level classification.

Chef and restaurateur in Turkey claimed EB-1A extraordinary ability, meeting three initial criteria. AAO dismissed appeal, finding evidence insufficient under final merits determination to establish sustained national or international acclaim or ranking among field's highest echelon.

An educational planning and evaluation expert sought EB-1A classification. The AAO dismissed the appeal, holding that while the petitioner met judging and scholarly articles criteria, only two of required three criteria were satisfied, and the overall evidence did not demonstrate sustained national or international acclaim at elite level.