Published AAO appeal decisions

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

A Brazilian lawyer and prosecutor self-petitioned for EB-1A extraordinary ability. The AAO found petitioner met four criteria (judging, scholarly articles, leading roles, though not high salary). However, in the final merits determination, the AAO held the petitioner failed to demonstrate sustained national or international acclaim or elite status in the field.

A food and product safety compliance professional sought EB-1A classification. The service center accepted three criteria and the petitioner claimed three more on appeal, which the AAO reserved. The AAO dismissed the appeal at the final merits step because the impact seemed limited to his employer and acclaim was not shown.

A corporate attorney sought EB-1A classification claiming two additional criteria on appeal. The AAO found the award not nationally recognized in the legal field and the salary comparison methodologically flawed, remanding for SCOPS to allow the attorney to cure the evidentiary deficiency regarding remuneration before determining if additional criteria were met.

A Kazakh law professor sought EB-1A classification as alien of extraordinary ability. Although meeting three evidentiary criteria—judging, scholarly articles, and high salary—the AAO affirmed SCOPS finding that the petitioner lacked sustained national or international acclaim necessary to demonstrate extraordinary ability at the highest level.