Published AAO appeal decisions

Oil industry scientist self-petitioner with Ph.D. claimed four criteria for extraordinary ability. AAO found two criteria met (judging and scholarly articles) but rejected original contributions and high salary claims. Appeal dismissed for failure to meet three-criterion threshold and lack of sustained acclaim.

Education counseling business petitioned for school and career counselor beneficiary's O-1A classification. Petitioner claimed seven criteria; director and AAO found none met. Letters lacked evidence of major field significance. Salary was average, not elevated. Appeal dismissed without final merits determination.

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

Entrepreneur with twenty years accounting and finance experience in pharmaceutical industry seeking EB-1A extraordinary ability in business. AAO held only two of ten criteria met; three-criterion threshold not satisfied; no major award or exceptional recognition; appeal dismissed.

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

A talent agency petitioned for O-1A classification for a stand-up comedian. The petitioner claimed lead performer status, national recognition, and commercial success. The AAO found the petitioner satisfied fewer than three required evidentiary criteria and dismissed the appeal without reaching the overall sustained acclaim analysis.

A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required for extraordinary ability.

Chemist and dietary supplement manufacturer claiming extraordinary ability. Petitioner met only one criterion (scholarly articles published). Did not establish major significance of contributions; compounds lacked field-wide adoption; high remuneration claim uncorroborated. Record showed lack of sustained international acclaim or top-tier recognition required for extraordinary ability.

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Jazz percussionist and music instructor sought EB-1A classification. Met three evidentiary criteria initially but AAO held he failed final merits test, lacking sustained national or international acclaim and failing to demonstrate standing among the very top musicians in his field.

Sound engineer and technical director in television and radio industry sought EB-1A extraordinary ability. Failed to meet three of ten initial evidentiary criteria; judging and exhibitions claims withdrawn or unsupported, original contributions lacked objective attribution. AAO dismissed, finding insufficient sustained acclaim.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

Martial arts studio petitioned for instructor beneficiary for O-1A extraordinary ability in athletics. Beneficiary met only one of three required initial criteria and could not establish sustained national or international acclaim; appeal dismissed.

Visual artist and illustrator claiming extraordinary ability. Met two of ten criteria but failed to meet three required. Leading role and high salary claims rejected due to lack of organization documentation and insufficient earnings evidence. Record showed skilled artist with recognition but not sustained acclaim at required level.

A Chinese company manager petitioned for EB-1A classification claiming extraordinary ability. The applicant met two criteria (published material and leading role) but not the three required. On appeal, the membership criterion was rejected because the associations did not require outstanding achievements. The appeal was dismissed.

International law attorney filed 15th combined motion to reopen and reconsider EB-1A denial. Motion fails procedural requirements for reopening; newly submitted evidence post-dates petition filing and does not demonstrate eligibility at time of filing. Prior dismissal affirmed across multiple motions. Motion dismissed.

Media production agency petitioned for O-1A classification for senior vice president of production finance. AAO dismissed motions, finding only one criterion met and insufficient documentation of membership in associations requiring outstanding achievements judged by recognized experts.