Published AAO appeal decisions

Postdoctoral research associate sought EB-1A classification. Met judging and scholarly articles criteria. Claimed original contributions based on publications, presentations, and citations. AAO rejected original contributions criterion, finding publication venue and citation counts insufficient to show major significance. Appeal dismissed for failing to meet three criteria.

A boxer and kickboxer sought EB-1A extraordinary ability classification. The AAO found the petitioner met one criterion (awards) but failed to establish three required criteria overall. The petitioner lacked sustained national or international acclaim and had not demonstrated the career of acclaimed work required for extraordinary ability.

Law firm petitions for instructional coordinator with doctorate in literature as EB-1A extraordinary ability applicant. Petitioner claimed four criteria met. AAO dismissed, finding none adequately established: awards were mere participation acknowledgments; published material not about beneficiary; judging unconfirmed; contributions lacked demonstrated major significance.

A law firm petitioned for its instructional coordinator, a literature scholar and former professor, as an extraordinary ability alien. The director found two criteria met. The AAO agreed on scholarly articles but withdrew the judging finding and rejected awards and published material, so three criteria were not satisfied and top-of-field standing was not shown.

A singer from Venezuela seeks EB-1A extraordinary ability classification based on performances with various ensembles. She met only the judging criterion and one other award was found insufficient to establish national recognition. The AAO dismissed, finding she failed to meet the three-criterion threshold and lacks the sustained national or international acclaim required for the classification.

A pharmacology researcher at a Malaysian university claimed six criteria for extraordinary ability. The AAO found only judging and scholarly articles met requirements. Original contributions lacked evidence of field significance; memberships did not require outstanding achievement; and the record failed to show sustained national or international acclaim.

Industrial lubricants entrepreneur and company founder satisfied three evidentiary criteria on initial review. However, AAO found on final merits that petitioner failed to demonstrate sustained national or international acclaim or placement among top field practitioners.

Assistant professor of anesthesiology sought EB-1A extraordinary ability classification. Met judging criterion but failed three others. Published material did not qualify; original contributions, though evidenced by modest citations and presentations, lacked major significance; leading role unsupported; evidence did not demonstrate elite status. Appeal dismissed.

Multimedia designer self-petitioner claimed extraordinary ability based on five criteria. AAO found only judging and exhibitions criteria met; published materials not in major media, and leading roles not substantiated by organizational charts or documentation. Appeal dismissed as petitioner failed to establish three criteria and sustained national or international acclaim.

A postdoctoral optoelectronics researcher sought EB-1A. Met judging and scholarly articles criteria. Claimed original contributions based on 1,131 citations but AAO found cumulative citations and ranking do not establish major significance. Only two of three required criteria met. No sustained national acclaim demonstrated.

Immunology and food allergy researcher petitioner met two of three required initial criteria (judging and scholarly articles). AAO dismissed appeal, finding petitioner failed original contributions criterion; highly-cited publications alone insufficient without evidence of major field significance and lacking national or international acclaim.

Philanthropist and foundation president in China seeks EB-1A. Met judging criterion with two speech contests. Claimed published material, original contributions, and leading role. AAO found published material lacked corroboration and major medium status; original contributions not shown to be major or field-impacting. Appeal dismissed.

A law firm petitioned for a beneficiary in an advisory role claiming extraordinary ability. The AAO affirmed the service center's finding that the beneficiary met only judging and scholarly articles criteria. The decision rejected original contributions as major significance and leading role claims. The beneficiary lacked sustained national or international acclaim required for extraordinary ability.

Pianist sought EB-1A classification. Claimed awards, published material, and judging. AAO found only judging criterion met; awards lacked national recognition and publications were not in recognized trade outlets. Appeal dismissed because insufficient criteria satisfied and no evidence of sustained acclaim.

A wireless engineer and CTO of a startup claimed three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO found all three met but dismissed the appeal because, while the evidence showed innovative research and citations, it did not demonstrate sustained national or international acclaim at the level required for extraordinary ability.

A postdoctoral researcher in battery technology sought EB-1A classification. The petitioner met only two of four claimed criteria. The AAO found her contributions promising but not of demonstrated major significance as of filing, with only a single media burst and insufficient sustained recognition for extraordinary ability.

Oncologist in China sought EB-1A extraordinary ability classification. AAO dismissed, finding only two of ten required criteria met (judging and scholarly articles). Income comparisons lacked credibility, and evidence did not demonstrate sustained national or international acclaim required for classification.

A firearms company sought extraordinary ability classification for its chief financial officer with prior international banking experience. AAO dismissed the appeal, finding beneficiary met only two of six claimed criteria and lacked evidence of sustained national acclaim or top-tier status.

A biomolecular researcher claimed extraordinary ability and met three initial criteria: judging, original contributions, and scholarly articles. AAO proceeded to final merits analysis and found record did not establish sustained national or international acclaim or top-tier achievement.

An assistant professor in computer science claimed extraordinary ability via membership, judging, scholarly articles, and original contributions. The AAO upheld findings that only judging and articles met criteria. The decision rejected membership in IEEE as not based on outstanding achievement and rejected original contributions due to experimental phase status without demonstrated major field impact.

An animal health and welfare specialist with veterinary and master's degrees seeks extraordinary ability classification. Met three initial criteria (scholarly articles, leading role, judging). AAO found insufficient evidence of sustained national or international acclaim required; work demonstrated regional expertise only.

Self-petitioner orthodontist, researcher and educator seeking EB-1A extraordinary ability met two of three required criteria. The AAO dismissed, finding petitioner satisfied only judging and scholarly articles criteria; original contributions criterion not met because citation figures and impact on clinical practice were insufficient to demonstrate major significance.

Mathematics educator sought EB-1A extraordinary ability classification. AAO dismissed, finding only two of three required criteria met (judging and scholarly articles). Coaching awards lacked evidence of national recognition, and publications did not meet major media standards.

Sports medicine physician employed by medical center. Met three initial evidentiary criteria: judging, leading critical role, and scholarly articles. AAO dismissed on final merits, finding evidence insufficient to demonstrate sustained national or international acclaim or placement among very top of field.

Managed pressure drilling engineer met three initial criteria: high salary, judging abstracts, and two scholarly articles. AAO dismissed appeal on final merits, finding insufficient evidence of sustained national or international acclaim or placement among the small percentage at the very top of the field.