Published AAO appeal decisions

A corporate executive sought EB-1A classification claiming seven criteria but abandoned most on appeal. The AAO dismissed, finding only one criterion met and insufficient evidence of high salary or additional achievements, concluding the executive failed to demonstrate the sustained acclaim required for extraordinary ability.

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

Tattoo artist filed motion to reconsider AAO dismissal of EB-1A appeal. AAO had found five criteria met but denied final merits. Motion contests one-time achievement and lesser awards determinations. AAO affirms second place award is not major or internationally recognized and petitioner has not shown sufficient national or international recognition of his awards.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.

Chief architect of digital transformations met three initial evidentiary criteria and demonstrated acclaim and recognition in his field. However, AAO found he was very good but not among the small percentage at the very top, dismissing the appeal.

A debt recovery and fraud prevention specialist claimed five EB-1A criteria but satisfied only one on appeal. The AAO affirmed denials of membership and published material criteria and withdrew the high-salary finding. With insufficient criteria met, final merits analysis was not reached.

Co-owner of bakery specializing in Brazilian sweets seeks EB-1A extraordinary ability classification. Applicant claimed six criteria including awards, membership, and judging. AAO found applicant met none of three required initial criteria because awards and judging experience were in culinary arts not business, and association membership did not demonstrate outstanding achievements in business field.

Brazilian jiu-jitsu athlete and coach claimed four criteria on appeal. Service center found no criteria met. AAO confirmed petitioner failed to establish three required criteria. Evidence of awards, publications, and leadership roles insufficient. Petitioner does not demonstrate sustained national or international acclaim.

Electrical engineer in semiconductor power electronics sought EB-1A classification. Petitioner met three evidentiary criteria including scholarly articles, high salary, and judging work. However, AAO dismissed appeal because evidence did not demonstrate sustained national or international acclaim necessary to establish placement among the small percentage at the field's very top.

An electric vehicle automotive business strategist with eighteen years' experience in Venezuela and Colombia self-petitioned for EB-1A extraordinary ability. Petitioner met four evidentiary criteria but AAO upheld denial, finding insufficient evidence of sustained national or international acclaim or placement among small percentage at field's very top.

Karate coach seeking extraordinary ability classification. Prior appeal found two criteria met; matter reopened. Petitioner claimed seven additional criteria, but AAO found award certificates do not qualify and lack national recognition. Even with two prior criteria met, final merits analysis shows insufficient acclaim for top-level status in field.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

A management and operations specialist with engineering background sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three of the ten required evidentiary criteria, and withdrew SCOPS findings on judging and high salary as unsupported.

A financial accountant claimed extraordinary ability under EB-1A through multiple criteria. The AAO found only one criterion satisfied (scholarly articles), falling short of the required three. Published material lacked major media publication, leading role lacked organizational distinction, and salary comparison data was inapplicable. Appeal dismissed.

Financial technologist and CEO of self-owned fintech firm from Dominican Republic seeking EB-1A classification. Claimed five criteria; the AAO found membership and high salary unmet and deemed published material and scholarly articles waived. Without three criteria met, the AAO dismissed the appeal without reaching overall extraordinary ability.

Executive in sustainable energy technology with prior O-1 status claims extraordinary ability under EB-1A. AAO found petitioner met high salary and leading role criteria but rejected the petition because evidence of publications, awards, and other accomplishments did not establish sustained national or international acclaim at the very top of the field over her career.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

An animation director seeking EB-1A extraordinary ability failed to meet three required evidentiary criteria. Membership in claimed organizations lacked judgment by recognized experts, and leading/critical role in project-based work did not qualify, dismissing the appeal.

Pilot petitioner claimed five EB-1A criteria. AAO found membership criterion not met because fellowship selection was not judged by recognized experts. High salary claim failed because compensation matched standard rates for comparable service. Petitioner met fewer than three required criteria, so appeal dismissed without final merits review.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.

A software engineer claimed extraordinary ability under six criteria. The AAO found the petitioner met judging and leading critical role criteria but not high salary, published material, or original contributions. The final merits analysis concluded the evidence does not demonstrate sustained national or international acclaim or placement among the very top of the field.

A policy researcher and advisor claimed seven evidentiary criteria for EB-1A extraordinary ability classification. SCOPS denied without adequately explaining why submitted evidence failed to meet each criterion. The AAO remanded because the decision lacked specific reasoned analysis of the extensive documentation provided, denying the petitioner fair opportunity to contest the denial.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

A teacher self-petitioned for extraordinary ability classification (EB-1A). She claimed seven criteria including membership, judging, original contributions, authorship, leading role, and high salary. The AAO found none met: membership did not require outstanding achievements, original contributions lacked significance, article was not in major publication, and role was not critical at a distinguished organization.