Published AAO appeal decisions

Software engineer in Canada employed by Twilio met two of four claimed criteria but not three required. AAO rejected awards claim, rejected comparable evidence argument for awards, rejected salary claim with new evidence, and dismissed without final merits review.

Data scientist claimed five criteria for EB-1A extraordinary ability. SCOPS and AAO found only one criterion met (high salary), then withdrew it on appeal. AAO determined petitioner failed to meet three required criteria and dismissed without final merits analysis.

Television editor and post-producer claimed extraordinary ability under EB-1A. Service center found four criteria met; AAO found five criteria met. However, final merits determination failed: articles published only in 2023–2024, judging service occurred three times in two years, and awards confined to 2019–2022. Insufficient to demonstrate sustained national or international acclaim over 18-year career.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

Author sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner satisfied fewer than three initial regulatory criteria; withdrew published material finding and rejected high salary claim, concluding overall record lacks evidence of sustained acclaim required for top-tier classification.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Information technology project manager in human-computer interactive digital technologies sought EB-1A. AAO held petitioner met three initial criteria but failed final merits determination because evidence lacked comparative data showing sustained acclaim and top-tier field standing.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

Fintech business executive sought EB-1A extraordinary ability classification. Met one of ten initial criteria. AAO affirmed director's rejection of scholarly article authorship and high salary criteria due to insufficient evidence of scholarly publication and unexplained salary discrepancies.

Aquatic coach and instructor claiming EB-1A extraordinary ability in athletics. AAO affirmed denial, finding applicant failed to satisfy three required alternate criteria and lacks sustained national or international acclaim demonstrating extraordinary ability among the very top of field.

Stage construction and engineering professional sought EB-1A extraordinary ability for art, theatre, and film work. AAO held three criteria satisfied (published material, judging, leading roles) but record failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.

A periodontist sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and high salary. However, the AAO found her research lacked sustained acclaim over time, media coverage was dated, and honors were insufficient to demonstrate she belonged among the very top in her field.

An actor with over two decades in film and television claimed seven evidentiary criteria and extraordinary ability. The director found three criteria met. The AAO dismissed the appeal, concluding the petitioner did not demonstrate sustained national or international acclaim or achievement placing him among the very top in entertainment, despite being accomplished.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

A board-certified gastroenterologist with 22 years of experience sought extraordinary ability classification. The AAO found he met only two of ten criteria. The appeal was dismissed because he failed to meet the three-criterion threshold required for initial eligibility.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.