Published AAO appeal decisions

An architect with over 25 years experience sought EB-1A classification. The AAO found four criteria met: published material, exhibitions, leading role for distinguished organization, and high salary. The aggregate evidence demonstrated sustained national acclaim and placement among the very top of the field.

An actor and voice-acting instructor sought EB-1A classification. The AAO found he met the awards and exhibitions criteria but failed the salary, critical role, and original contributions criteria. With only two of three required criteria satisfied, the appeal was dismissed.

Data science researcher self-petitioner claimed extraordinary ability under EB-1A. Met three evidentiary criteria but failed to demonstrate sustained national or international acclaim or top-tier status in the field. AAO dismissed appeal, finding publication record lacks recent work and citation impact insufficient.

Saxophonist and yoga instructor claims extraordinary ability in arts. Met only exhibitions criterion. AAO rejected membership, original contributions, leading role, and high salary claims. Prior O-1 approval did not bind I-140 decision; failed three-criterion threshold.

Dancer and choreographer sought extraordinary ability classification. Claimed six criteria but met only one. Decision held that nominating is not receiving an award, performances lack field impact, and background dancer role lacks responsibility for organizational success or commercial outcomes.

Banking executive sought EB-1A extraordinary ability in business. Met two criteria: leading critical role and high salary. Failed to meet third required criterion on original contributions. AAO found aggregate evidence insufficient and did not conduct final merits determination.

Financial journalist sought EB-1A extraordinary ability. Met at least three criteria including awards, judging/leading roles, and published material. AAO sustained appeal, finding record demonstrated sustained national acclaim and expertise indicating top small percentage in journalism field.

Professional golfer appeals denial. Claimed membership and high salary criteria on appeal; two criteria met overall. AAO dismissed, finding membership requires outstanding achievement not demonstrated and salary at developmental level insufficient for top-tier classification.

A nurse sought EB-1A classification. The AAO reviewed four criteria the service center analyzed. The petitioner did not meet the membership criterion, did not establish a leading role, and failed to show comparatively high salary. The appeal was dismissed.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

Fashion merchandiser and purchaser sought EB-1A classification. Petitioner asserted leading and critical role criterion initially but abandoned it, then claimed only high salary criterion on appeal. AAO held salary criterion not met and found petitioner failed to establish three criteria or one-time achievement.

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

Data scientist employed by software company sought extraordinary ability classification. Met judging and scholarly articles criteria. AAO dismissed appeal, finding the aggregate evidence—including moderate citations, completed projects, and above-median salary—insufficient to establish sustained national or international acclaim.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

A computer scientist appealed a denial after submitting additional evidence of high salary on appeal. The AAO found three criteria met: judging, scholarly articles, and high salary. Final merits determination confirmed extraordinary ability through demonstrated expertise at top of field.

An art studio/gallery petitioned for an artist beneficiary for O-1A classification. The AAO dismissed the appeal, finding the beneficiary was neither nominated for nor received a qualifying award, and satisfied fewer than three of the six required criteria, failing to demonstrate extraordinary ability in the arts.

A fencing club petitioned for a fencing coach's O-1A classification. The beneficiary claimed extraordinary ability based on competitive fencing awards, coaching accomplishments, and refereeing experience. The AAO found only the judging criterion met; awards predated his coaching career and student achievements did not satisfy his own recognition requirement. Appeal dismissed.

A yacht management company petitioned for O-1A classification for a beneficiary in business. The AAO found beneficiary met only one evidentiary criterion and dismissed the appeal, concluding she failed to demonstrate the extraordinary ability required.

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

An equestrian rider sought O-1A extraordinary ability classification. The petitioner submitted ribbons and claimed membership but failed to establish three evidentiary criteria. The AAO found the evidence does not demonstrate sustained national or international acclaim required for extraordinary ability.

Marketing manager petitioned by employer for O-1A extraordinary ability in business. Petitioner claimed two regulatory criteria and comparable evidence under letters of recommendation. AAO held petitioner met only two criteria but required three; comparable evidence unavailable because petitioner failed to show criteria do not readily apply to occupation.

Petitioner in an unspecified field filed for extraordinary ability classification. Claimed eight criteria including awards, published material, original contributions, and exhibitions. AAO found petitioner failed to establish lesser nationally or internationally recognized awards, failed to demonstrate major significance of contributions, and was not a visual artist qualifying for exhibitions criterion. Appeal dismissed.