Published AAO appeal decisions

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

Massage therapist claiming EB-1A extraordinary ability. AAO found only one criterion met (judging) where three required; original contributions and high salary not shown; academy did not support sustained acclaim or recognition at top of field. Appeal dismissed.