Published AAO appeal decisions

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

An athlete petitioned for EB-1A extraordinary ability classification. The petitioner claimed awards, published material, and high salary criteria. The AAO found only high salary met, falling short of the three criteria required; the appeal was dismissed for insufficient documentation of sustained national or international acclaim.

A beneficiary sought EB-1A classification as executive director of clinical research. Director found only judging criterion met. Multiple contested criteria were abandoned by counsel on appeal. Beneficiary failed to establish three criteria minimum. Appeal dismissed.

An entertainer petitioner claimed extraordinary ability through awards, published material, and other criteria. The AAO found only high salary criterion met. Because at least three criteria must be satisfied, and only one was established, the petition failed to meet basic eligibility requirements. Appeal dismissed.

Employer-sponsored petition for performing artist seeking EB-1A extraordinary ability. Petitioner met only one criterion. The AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim and failure to meet the threshold of three evidentiary categories required for final merits determination.

Self-petitioner in athletics (boxer) failed to meet three regulatory criteria. Director found deficiency in awards, published material, original contributions, and high salary criteria, and conducted final merits determination finding no extraordinary ability. Appeal summarily dismissed for general allegations without specific erroneous conclusions.

A cardiology fellow sought EB-1A classification. Petitioner claimed awards, membership, original contributions, and high salary. AAO found only two criteria met (judging and scholarly articles). Without three criteria, the petitioner failed to demonstrate extraordinary ability. Appeal dismissed.

Petitioner claimed extraordinary ability and attempted to establish high salary criterion on appeal. AAO summarily dismissed because counsel failed to identify erroneous conclusions of law or fact by director and did not contest specific findings, lacking substantive basis for appeal.

A machine operator sought classification as an alien of extraordinary ability. The director found evidence on only the high salary category, which was not established, and nothing on the other categories. The appeal was summarily dismissed because it identified no erroneous conclusion of law or fact and offered no new evidence.

Medical director claimed six EB-1A criteria. AAO dismissed appeal because petitioner failed to establish sustained national or international acclaim or extraordinary ability. Director found petitioner did not satisfy any claimed criteria, and three criteria were abandoned on appeal.

Visual effects professional claimed extraordinary ability through multiple regulatory criteria and comparable evidence. AAO affirmed dismissal because petitioner failed to meet the high burden of demonstrating sustained national or international acclaim and belonging among the very top of the field, despite meeting high salary criterion.

Chef petitioner claimed extraordinary ability in culinary arts. Director found awards and leading role criteria met but rejected published material and high salary criteria. AAO dismissed appeal, finding petitioner failed to demonstrate sustained national or international acclaim or placement in top percentage of field despite meeting two criteria.

An art director claimed extraordinary ability under EB-1A based on awards, original contributions, exhibitions, leading roles, and high salary. The AAO summarily dismissed the appeal because counsel failed to identify specific erroneous findings and abandoned four of five criteria discussed by the director.

Elvis performer sought EB-1A extraordinary ability classification. Claimed three criteria: lesser awards, published material, and high salary. AAO found no nationally recognized prize, one article insufficient for sustained acclaim, no salary documentation. Petition lacks evidence of sustained acclaim required for extraordinary ability.

Employer petitioned for scientist beneficiary claiming extraordinary ability in sciences. AAO upheld denial, finding one criterion met but three required; letters and salary evidence insufficient for major significance; failed to demonstrate beneficiary among small percentage at field top.

Professional baseball player seeking EB-1A. Claimed single award, Major League Baseball membership, and high salary. AAO found award temporally distant, membership based on employment rather than achievement, and salary documentation not temporally relevant. Overall evidence insufficient to show sustained national or international acclaim at the very top.

Taekwondo competitor and coach self-petitioner claimed extraordinary ability in athletics. AAO affirmed denial, finding petitioner failed to establish any criterion and lacked sustained national or international acclaim at the very top of his field as competitor or coach.

A chef claimed extraordinary ability through awards, publications, and high salary. The AAO found awards not nationally or internationally recognized, publications lacked proper documentation and primary focus, claimed accomplishments spanned only one month, and salary evidence was insufficient. Petition denied for failure to demonstrate sustained top-level acclaim.

Social worker and women's rights advocate claimed awards, membership, published material, and high salary criteria. The AAO rejected awards as decade-old and organizationally-based, membership as lacking outstanding achievement requirements, articles as incompletely translated, and salary as not clearly tied to social work. Evidence insufficient for sustained national or international acclaim.

Self-represented meteorologist claimed extraordinary ability based on awards, memberships in scientific societies, and high salary. AAO found awards insufficient, memberships required only publication records or standard credentials, and no comparative salary evidence provided. Appeal dismissed for failure to meet three criteria.

Bodybuilder and fitness trainer claimed extraordinary ability in athletics. AAO held petitioner failed to demonstrate receipt of major internationally recognized award and did not meet three regulatory criteria. Evidence did not support sustained acclaim at top level.

Entertainment company petitioner sought classification for beneficiary Vice President as extraordinary ability immigrant. AAO affirmed denial, finding beneficiary failed to meet any of five claimed criteria and lacked evidence of sustained national or international acclaim at very top level.

Veterinarian and laboratory head sought EB-1A classification on self-petition. Claimant submitted evidence of VPAP award, professional memberships, conference paper presentation, and board certification. AAO found award criteria reflected service length rather than excellence, memberships lacked outstanding achievement requirement, and no comparative salary documentation provided.

A Georgian folk singer and choirmaster self-petitioner claimed EB-1A extraordinary ability in the arts. He asserted five criteria: awards, membership, judging, original contributions, and high salary. The AAO found none met and concluded his work with Ensemble Kutaisi, while moderately successful, did not establish top-level sustained acclaim.

Self-petitioner software developer claimed extraordinary ability under EB-1A based on membership, published material, judging, and salary. AAO dismissed, finding petitioner did not meet three criteria and lacked sustained national or international acclaim at the top of the field.