Published AAO appeal decisions

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.

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

A Brazilian jiu-jitsu athlete seeks EB-1A classification for extraordinary ability. Though three criteria were met (awards, judging, exhibitions), the AAO found the totality of evidence does not establish sustained national or international acclaim or place among the very top of the field.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

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.

Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.

An economist with over 100 scholarly publications claims extraordinary ability in EB-1A. Director found five criteria met but denied on final merits, claiming insufficient sustained acclaim. AAO reversed, finding the petitioner's 20-year career with continuous publications and recognition demonstrates sustained national acclaim among top economists.

Software company petitioned for product design director as EB-1A extraordinary ability. Petitioner claimed six criteria but director found none met. AAO affirmed, finding app features, vague judging letters, and design contributions insufficient for national or international acclaim required for extraordinary ability classification.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

An astrophysicist seeks EB-1A extraordinary ability classification. The petitioner claimed multiple criteria. The AAO dismissed the appeal, finding the petitioner met at least three initial criteria but failed the final merits determination, lacking sustained national or international acclaim and not ranking among the small percentage at the very top of the field.

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.

Fine art painter in modernistic impressionist style claimed extraordinary ability. Met minimum three evidentiary criteria: awards, judging, and exhibitions. AAO affirmed dismissal at final merits stage. While petitioner is acclaimed and recognized, evidence does not demonstrate place among small percentage at field's very top. Record lacks comparative information about other artists and relative standing.

A ceramic artist self-petitioner claimed extraordinary ability under EB-1A. The AAO found he met four initial evidentiary criteria but determined on final merits that the evidence did not establish sustained national or international acclaim at the very top of his field, distinguishing him from merely very good artists.

Singer sought EB-1A extraordinary ability classification. AAO held she met only one of ten initial criteria (judging); failed to satisfy three-criterion threshold. Evidence of awards lacked international recognition, organizational memberships uncertified, published material articles improperly documented, and overall record failed to show sustained acclaim at field's top tier.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

A researcher claimed extraordinary ability in sciences, meeting two of ten criteria (judging, scholarly articles). AAO affirmed dismissal because original contributions lacked major significance and evidence of citations was only incremental contribution; no sustained national or international acclaim demonstrated.

A musician sought EB-1A classification claiming three of ten evidentiary criteria. The AAO found he met judging and exhibitions criteria but rejected published materials and scholarly articles claims. The decision concluded the petitioner lacked the sustained national or international acclaim required for extraordinary ability.

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.

A cancer researcher sought extraordinary ability classification. The AAO dismissed the appeal, affirming that he met only two criteria and failed to demonstrate original contributions of major significance or overall sustained acclaim warranting EB-1A.

A security manager and fitness trainer claiming EB-1A extraordinary ability satisfied only one criterion (judging); failed to establish three or more required. AAO dismissed, finding insufficient evidence of national or international acclaim.

A nanofluid engineer met three initial EB-1A criteria (judging, original contributions, scholarly articles) but failed final merits. The AAO found his publication record (two papers, 2,400 citations, inactive since 2010) does not establish him among the very top researchers relative to peers, and lacks sustained acclaim.

An automotive journalist claimed five EB-1A criteria beyond the leading role criterion the director found met. The AAO affirmed rejections of awards, published material, and judging criteria. With only one criterion met, petitioner failed the threshold and lacked sustained international acclaim.

Business development executive sought EB-1A extraordinary ability classification. Claimed four criteria; director found only judging satisfied. AAO affirmed that published book was not scholarly article, original contributions lacked major significance in field, and evidence did not demonstrate sustained national or international acclaim required for extraordinary ability.