Published AAO appeal decisions

A business executive in the pomegranate industry filed motions to reopen and reconsider an EB-1A extraordinary ability appeal. The AAO dismissed both motions, finding no new facts warranting reopening and no incorrect application of law or policy in the prior dismissal.

A vaccine industry executive with law and business degrees sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding he met three criteria: leading critical role, high salary, and original contributions, and demonstrating sustained international acclaim placing him among the very top in his field.

A composer claimed extraordinary ability in film and television composition. AAO remanded, finding three criteria met (published material, judging, scholarly articles) and requiring final merits determination. SCOPS erred by excluding educational work from initial criteria analysis when sufficiently related to composition work.

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.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

Data analyst self-petitioner claimed eight EB-1A criteria. AAO withdrew findings on two criteria and rejected awards and salary claims. On final merits, AAO affirmed that totality of evidence does not demonstrate sustained acclaim or placement among the small percentage at the very top of the field.

Agricultural economist claims extraordinary ability under EB-1A. Submitted evidence for five criteria: awards, high salary, original contributions, leading role, and scholarly articles. AAO found only scholarly articles criterion met; awards lack national/international recognition, salary comparison improper, and original contributions lack sufficient field impact. Fails three-criterion threshold.

CEO and founder of rapeseed oil company in China claimed extraordinary ability, asserting four criteria. AAO found two criteria met but two not met, failing three-criterion threshold. Final merits not reached. Appeal dismissed.

Marketing manager in digital commerce sought EB-1A extraordinary ability classification. AAO affirmed SCOPS denial, finding petitioner satisfied only two criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

A construction manager in transportation infrastructure sought EB-1A extraordinary ability classification. He claimed to meet judging, high salary, and leading role criteria. AAO found judging criterion met and remanded salary criterion analysis, but concluded he failed to demonstrate the three required criteria and thus lacked extraordinary ability.

A global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

Film producer petitions for EB-1A extraordinary ability. SCOPS found four criteria met but denied for insufficient sustained acclaim at top of field. AAO dismissed, finding only one criterion (judging) actually met and threshold not satisfied.

Helicopter pilot claimed EB-1A extraordinary ability based on being first female pilot in jurisdiction and other criteria. Service center found only published material satisfied. AAO affirmed, finding award was appreciation certificate, judging claim unsupported, and being first female lacks regulatory significance. With only one criterion met, threshold requirements failed. Appeal dismissed.

A CEO and co-founder sought EB-1A extraordinary ability classification. The AAO remanded the case because SCOPS relied on undisclosed research and failed to incorporate all evidence into the record or consider petitioner's comparable evidence requests under regulatory provisions.

An international travel company owner claimed EB-1A extraordinary ability in entrepreneurship and tourism. Although SCOPS found four criteria met, the AAO determined the membership criterion failed because fellowship does not require expert judgment of outstanding achievement. The AAO dismissed, finding petitioner merely very good, not among the small percentage at field's very top.

A business development manager seeks EB-1A visa. Appeal dismissed because AAO withdrew service center's findings on three of four criteria met, leaving only one satisfied criterion. Evidence lacks documentation of national or international acclaim or top-tier standing in field.

Musician and singer seeks EB-1A extraordinary ability classification. Claimed three criteria in record: awards, published material, and original contributions. All three were rejected: awards lacked evidence of national or international recognition, published material was insufficient, and contributions were undemonstrated. AAO declined to address exhibitions and leading role criteria raised for first time on appeal.

Professional underwater rugby player sought EB-1A extraordinary ability classification. Claimed seven criteria; AAO found three met (awards, membership, published material), meeting the regulatory minimum. Decision remanded for final merits determination on sustained acclaim.

Cardiologist sought EB-1A extraordinary ability classification. Petitioner claimed five criteria; service center found two met. AAO added high salary criterion, reaching three total, then remanded for final merits analysis of whether petitioner demonstrates sustained acclaim and top-of-field status.

A principal scientist in chemistry claimed five criteria but satisfied only two. The AAO found published material did not meet regulatory requirements and citation metrics alone do not demonstrate contributions of major significance. Appeal dismissed for failing to establish three qualifying criteria.

An epidemiologist sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of ten criteria and lacked sufficient documentation of sustained national or international acclaim placing him among the very top of his field.

A business legal consultant self-petitioned for EB-1A extraordinary ability. She claimed eight criteria but the AAO found she did not meet the minimum three evidentiary criteria and lacked sustained national or international acclaim or a place among the small percentage at the top of her field.