Published AAO appeal decisions

An employer-sponsored EB-1A petition for extraordinary ability was denied. The petitioner met one criterion (judging) but failed to demonstrate three criteria. The AAO upheld the director's determination that the beneficiary did not establish the requisite sustained national or international acclaim. Appeal dismissed.

Scientist self-petitioner satisfied three regulatory criteria by plain language count. However, AAO's final merits determination found evidence reflected routine accomplishments inconsistent with sustained national or international acclaim. Petitioner failed to demonstrate placement among most experienced and renowned members, so appeal dismissed.

Dance competitor and coach petitioner claimed extraordinary ability. Director found only awards criterion met. AAO upheld awards, upgraded judging to met, but found published material inadequate. With only two qualifying criteria, petition failed threshold requirement of three types of evidence for extraordinary ability classification.

An analyst in power systems economics and intelligent systems applications sought EB-1A classification, with counsel claiming at least three criteria. The AAO found the journal peer review evidence satisfied the judging criterion, but held the record as a whole did not show sustained acclaim or top-of-field standing, and dismissed the appeal.

Self-petitioner relied on work and degree from unaccredited institution AIU. The AAO affirmed denial because petitioner failed to meet three required evidentiary criteria: membership, judging, and original contributions. Reliance on unaccredited credentials demonstrated petitioner lacked recognized achievements and did not reach top percentage in field.

Employer-sponsored petition for postdoctoral research associate seeking EB-1A extraordinary ability. Petitioner met one criterion but failed final merits determination. The AAO found evidence insufficient to demonstrate sustained national or international acclaim or that petitioner rose to very top of field.

Self-petitioner seeks EB-1A as financial manager in business. Met fewer than three regulatory criteria and lacked sustained national or international acclaim. AAO found evidence shows talent but does not demonstrate exceptional achievement setting petitioner significantly above others.

Medical director claimed six EB-1A criteria. AAO dismissed appeal because petitioner failed to establish sustained national or international acclaim or extraordinary ability. Director found petitioner did not satisfy any claimed criteria, and three criteria were abandoned on appeal.

Chemistry researcher in phosphorous chemistry and carbon nanotubes. Counsel claimed three criteria. AAO met judging criterion but found overall evidence insufficient to show sustained acclaim at national or international level. Appeal dismissed.

An athletic trainer for professional sports teams sought extraordinary ability classification after denial and a motion affirming it. The AAO reviewed membership, published material, original contributions and leading role criteria, found the required evidence lacking, and concluded he had not shown sustained acclaim or top-of-field standing, dismissing the appeal.

Global positioning technology company petitioned to classify radio frequency module design engineer beneficiary as extraordinary ability immigrant. Claimed multiple criteria. AAO held beneficiary did not meet regulatory criteria and lacked sustained national or international acclaim for extraordinary ability classification.

Scientist seeking extraordinary ability in sciences lacked advanced degrees and established modest credentials below highest field level. Self-published work, limited judging experience at university, and unsubstantiated membership claims failed to demonstrate sustained acclaim required.

Creative producer and writer sought EB-1A extraordinary ability classification. Petitioner claimed and submitted evidence for awards and judging criteria. AAO affirmed denial, finding the Promax/BDA award lacked sufficient national or international recognition and volunteer judging service did not evidence sustained acclaim at the very top of the field.

Colloid science researcher claimed extraordinary ability through peer review and published articles. AAO dismissed the appeal, finding peer review routine in the field and publications insufficient to demonstrate sustained acclaim or significant impact, failing to establish position among the very top.

Employer petitioned for scientist beneficiary claiming extraordinary ability in sciences. AAO upheld denial, finding one criterion met but three required; letters and salary evidence insufficient for major significance; failed to demonstrate beneficiary among small percentage at field top.

Singer self-petitioner sought EB-1A extraordinary ability classification. Petitioner met no more than three criteria requirements; AAO found no nationally or internationally recognized awards, insufficient published material, and no judging or major contributions. Petitioner failed to demonstrate sustained acclaim at field top. Appeal dismissed.

Television director and producer claims extraordinary ability. Presented UNICEF Prize, NYICFF award, published articles, and jury participation. AAO found awards not major or internationally recognized, articles insufficiently supported, jury service not based on acclaim, and evidence shows only measurable success not sustained acclaim at very top. Appeal dismissed.

Postdoctoral researcher in life sciences claimed extraordinary ability under six criteria. The AAO found only two criteria possibly met, below the required three, and concluded the evidence failed to demonstrate sustained national or international acclaim at the very top of the field by 2007.

Information technology consultant claims extraordinary ability. Petitioner asserted meeting judging, original contributions, and published material criteria. AAO found none satisfied: seminar speaking is not judging, Oracle guide contributions lack originality and recognition beyond clients, and user guides are not major media. Overall evidence insufficient for top-level sustained acclaim.

A dulcimer player filed an EB-1A petition claiming extraordinary ability in the arts. The AAO affirmed denial, finding the single 1990 national award could not demonstrate sustained acclaim in 2006, and membership and judging evidence lacked sufficient documentation. The overall evidence showed past talent but not sustained national or international acclaim.

An employer-sponsored EB-1A petition for a beneficiary alleged three regulatory criteria: awards, membership, and judging. The AAO found the awards limited to students, membership based on standard requirements, and judging activity insufficient to demonstrate extraordinary ability at the very top of the field.

An artist self-petitioner claimed awards, membership, published material, and judging criteria. The AAO found no nationally or internationally recognized awards met the criterion; membership lacked outstanding achievement requirement; published materials lacked certified translations; and judging role did not indicate extraordinary acclaim.

Musician self-petitioner claimed extraordinary ability in arts. AAO dismissed appeal, finding petitioner failed to establish any criterion and lacked evidence of sustained national or international acclaim at the very top of her field.

Taekwondo competitor and coach self-petitioner claimed extraordinary ability in athletics. AAO affirmed denial, finding petitioner failed to establish any criterion and lacked sustained national or international acclaim at the very top of his field as competitor or coach.

A research scientist claimed EB-1A extraordinary ability in life sciences based on fellowship, association membership, publications, and guest speaking. The AAO dismissed, finding the fellowship undocumented, membership not based on outstanding achievement, publications routine to the field, no judging role, and insufficient evidence of sustained acclaim.