Published AAO appeal decisions

An educational technologist from Brazil sought EB-1A extraordinary ability classification. She claimed eight initial criteria; the AAO found scholarly articles and judging met, but awards and membership not met, leaving only two criteria satisfied. Because at least three criteria are required, the AAO dismissed the appeal without reaching final merits.

Dance educator focused on ballroom dance curricula for people with disabilities seeks EB-1A extraordinary ability classification. Petitioner did not meet the required three of ten evidentiary criteria threshold: failed judging and leading/critical role criteria; two other claimed criteria not separately addressed because threshold was not satisfied.

Research scientist in natural language processing holds Ph.D. and works as research associate. Claimed extraordinary ability under EB-1A. Met three regulatory criteria including judging and scholarly articles. AAO upheld denial because totality of evidence did not demonstrate sustained acclaim or position among small percentage at top of field.

Business consultant and CEO from Russia sought EB-1A extraordinary ability classification. The petitioner met two criteria: lesser awards and judging. The AAO rejected original contributions as merely disseminating others' work and found articles non-scholarly. Because the petitioner met only two of ten required evidentiary criteria, the AAO dismissed the appeal without reaching final merits.

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 former judge seeks extraordinary ability classification based on judicial work in Armenia. The AAO found the petitioner met only the original contributions criterion and one criterion already accepted by the service center, falling short of the required three criteria. Appeal dismissed because threshold initial evidence requirements were not satisfied.

Brazilian jiu-jitsu athlete and instructor with 40 years in the field claims extraordinary ability. Met two evidentiary criteria but failed to establish three required criteria: awards lack national recognition, leading role lacks distinguished organization evidence, and salary evidence insufficient. Appeal dismissed.

International trade specialist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria and service center found two met. On appeal, petitioner contended three additional criteria were satisfied. AAO affirmed service center's findings, concluding petitioner met only two criteria (judging and scholarly articles), below the three-criterion threshold, and dismissed the appeal without reaching final merits.

A data scientist with a master's degree in software engineering claimed six evidentiary criteria for extraordinary ability. The AAO affirmed the service center's finding that she met only two criteria, judging and scholarly articles. She failed to establish that IEEE senior membership requires outstanding achievements or that her original contributions were of major significance. Without three satisfied criteria, the petition was dismissed without final merits review.

A research teaching specialist in cell biology claimed four EB-1A criteria: original contributions, judging, scholarly articles, and leading role. The AAO affirmed that original contributions and leading role were not met. With only two criteria established, the threshold of three was not satisfied. Final merits determination was not reached.

Ukrainian soccer coach claimed extraordinary ability and met three initial evidentiary criteria. AAO affirmed that the evidence did not demonstrate sustained national or international acclaim or that petitioner ranks among the very top in the field despite media coverage and training method adoption.

A business development coach from Colombia claimed extraordinary ability in social innovation and sustainable business. The AAO found he met only two of ten evidentiary criteria and did not satisfy the threshold requirement of three criteria, so dismissed without reaching the final sustained acclaim analysis.

An associate clinical professor in gastroenterology sought extraordinary ability classification. The AAO sustained the appeal, finding he met three regulatory criteria through judging, original contributions, and scholarly articles with high citations. The final merits determination found sustained national and international acclaim in inflammatory bowel disease research with extensive recognition.

Postdoctoral research associate in molecular biology seeking EB-1A extraordinary ability claimed three criteria; met two (judging, scholarly articles). AAO dismissed appeal, holding petitioner failed to establish original contributions of major significance required by regulatory threshold, thus failing to meet three required criteria.

Abdominal radiology researcher claimed extraordinary ability. Met three evidentiary criteria: judging, scholarly articles, original contributions. AAO held she failed to demonstrate sustained national or international acclaim or top-tier status despite meeting initial criteria; citation record and peer reviews insufficient.

A hip-hop artist, music producer, and model from Russia sought EB-1A classification. The AAO confirmed three criteria met: awards, published material, and commercial success. However, the final merits determination found the totality of evidence insufficient to establish sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

Postdoctoral physicist self-petitioned for EB-1A visa. Applicant met three evidentiary criteria but appeal dismissed on final merits. AAO found evidence insufficient to show sustained acclaim or placement among small percentage at very top of field despite fellowships, publications, and work at distinguished institutions.

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.

Surveyor seeking EB-1A for extraordinary ability in geodetic and survey networks. Met judging and scholarly articles criteria. AAO affirmed SCOPS finding that original contributions and leading critical roles criteria unmet. With only two criteria satisfied, threshold not reached; final merits determination declined.

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.

Cybersecurity and Internet of Things researcher met initial three-criterion threshold but failed final merits determination. AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work at field's top.

An editor with a doctoral degree in editing and publishing claimed extraordinary ability under EB-1A, asserting five criteria. The AAO found no major award and rejected membership, published material, and other criteria as not meeting regulatory standards, dismissing the appeal because threshold initial evidence requirements were not satisfied.

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.

Software engineer claimed five criteria for extraordinary ability. AAO found three criteria met: judging, original contributions (patent), and scholarly articles. However, final merits determination concluded petitioner lacks sustained national or international acclaim; patent represents employment duty, not independent achievement. Appeal dismissed.