Published AAO appeal decisions

A research chemist in chemistry and materials science claimed EB-1A criteria for work on fluorescent compounds and published articles. The AAO found he met two criteria: original contributions and scholarly articles. However, lacking the required three criteria and evidence of extraordinary acclaim above nearly all others in his field, the appeal was dismissed.

A fashion designer sought EB-1A classification based on a prize, association membership, judging activities, and exhibitions. The AAO found the prize lacked documented national or international stature, membership criteria unmet, no substantive evidence of judging at professional level, and insufficient evidence of significant venue exhibitions. Support letters from regional associations were inadequate to establish sustained acclaim.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.

A self-petitioner researcher in life sciences sought EB-1A classification based on extraordinary ability. The AAO found she did not meet three or more regulatory criteria required to demonstrate sustained national or international acclaim and that the evidence collectively did not show she had risen to the very top of her field despite demonstrable skill and promise.

A self-petitioner art director in motion picture advertising sought EB-1A classification. Although the AAO found the petitioner met the awards and judging criteria, the decision affirmed dismissal because only two of the required three criteria were met and the evidence did not collectively demonstrate extraordinary ability at the very top of the field.

A physician and cardiovascular researcher claiming extraordinary ability in sciences. Petitioner presented awards, editorial work, and leadership positions. AAO found awards too old, editorial role predated filing by a decade, and professional duties were routine for the occupation, failing to demonstrate sustained national or international acclaim.

A mountaineer and alpine instructor claimed extraordinary ability in athletics based on Everest ascent and climbing accomplishments. AAO held evidence does not establish sustained national or international acclaim placing him at the very top of the field; awards and memberships lack requisite documentation and sustained demonstration.

A neuroscience researcher with publications in distinguished journals and journal review experience claimed extraordinary ability in sciences. AAO held petitioner demonstrated promise but failed to establish sustained national or international acclaim placing him at very top of neuroscience field.

Self-represented chef claiming extraordinary ability through Chinese cuisine awards, association membership, publication, judging participation and food exhibitions. AAO found awards unverified, membership routine, article improperly translated, judging invitation unsubstantiated, and venues for displays unidentified, failing to show sustained top-tier acclaim.

A researcher claiming extraordinary ability in sciences. Petitioner claimed membership, judging, original contributions, and scholarly article criteria. AAO found memberships require only basic credentials, no peer review evidence, research work not established as major contribution, and witness letters insufficient to show sustained acclaim. Appeal dismissed.

Orthopaedics researcher claimed extraordinary ability in sciences. Decision found petitioner accomplished but lacking sustained national or international acclaim at field's top. Multiple regulatory criteria not met; insufficient documentation of major contributions.

Optical engineer claims extraordinary ability through scholarships, internal award, manuscript review, and major contributions to fiber optics. AAO found significant scientific contributions but insufficient sustained acclaim at field's top level to meet EB-1A standard.

Rhythmic gymnastics coach sought EB-1A extraordinary ability classification. Petitioner claimed three criteria via Master of Sport designation, judging, and leading role in team success. AAO found insufficient evidence of sustained national or international acclaim as coach and dismissed the appeal.

Scientist claimed EB-1A status as computational scientist based on patents, encyclopedia entries, and peer review work. AAO dismissed, finding awards academic only, memberships non-exclusive, self-published coverage inadequate, and contributions lacking major significance to demonstrate sustained national acclaim.

Business intelligence systems analyst and developer sought extraordinary ability classification. Petitioner claimed judging, original contributions, and leading role. AAO found judging limited to employment duties, recommendation letters insufficient to show major field significance beyond acquaintances, and no documentary evidence of organizational role or reputation.

Market research analyst claimed EB-1A extraordinary ability in sciences or business. Petitioner submitted awards, memberships, and evaluation responsibilities but met no criteria. AAO found successful professional in Romania and valued employee in California but insufficient evidence of sustained national or international acclaim. Appeal dismissed.

Senior software engineer in computer vision sought EB-1A extraordinary ability. Petition initially approved but revoked. AAO affirmed revocation finding petitioner met no criteria. Evidence showed talent but insufficient to demonstrate sustained national or international acclaim at very top of field. Appeal dismissed.

A gymnastics coach claiming extraordinary ability based on alleged Olympic participation and coaching accomplishments. The AAO found no corroboration of Olympic participation, insufficient recognition of awards, inadequate published material documentation, and letters of support insufficient to demonstrate sustained national acclaim at the top of the field.

Musician and musical director filed EB-1A petition claiming extraordinary ability. Petitioner met only two of ten required criteria. AAO found regional success and upward career trajectory but insufficient evidence of sustained national or international acclaim at very top of field. Appeal dismissed.

A pharmacokinetics reviewer at the FDA seeking extraordinary ability classification based on awards, membership, published material, peer review, and leadership roles. The AAO found only published work met criteria; other evidence was insufficient to establish sustained national acclaim warranting extraordinary ability classification.

A self-represented petitioner seeking extraordinary ability classification with insufficient documentation. The AAO found awards lacked recognition evidence, membership did not meet criteria, published material was inadequately documented, judging duties were not established as professional-level, and no evidence showed intent to continue work in the United States.

A registered somatic movement therapist claimed extraordinary ability in sciences. She submitted a dance scholarship, association certifications, and peer-review activities as evidence. The AAO found the scholarship insufficient, certifications did not prove outstanding achievement, no published materials existed, and teaching did not constitute judging. She failed to meet the three-criterion threshold.

Research scientist with NSF funding and academic appointment claiming extraordinary ability. Submitted expert witness letters and job offers alongside article publications. AAO rejected awards, judging, and contribution claims; found publication expected at postdoctoral level insufficient; ruled research assistant role not leading or critical despite employer reputation. Appeal dismissed.

Pharmacokinetics reviewer at FDA sought EB-1A classification. The AAO found petitioner met only the scholarly articles criterion and failed to meet three required criteria. Evidence did not establish sustained national or international acclaim at the very top of the scientific field.

A recreational and movement therapist self-petitioned for EB-1A extraordinary ability classification. Petitioner claimed awards, membership, published material, and judging criteria. AAO upheld director's denial, finding insufficient evidence of sustained national or international acclaim or status within the small percentage at the very top of the field.