Published AAO appeal decisions

ESL instructor claimed extraordinary ability under EB-1A. Met judging criterion only. Membership and leading role criteria rejected; published material and original contributions waived on appeal; high salary reserved. Petitioner failed three-criterion threshold, so final merits not analyzed.

A technical program manager claimed extraordinary ability under EB-1A, meeting two of ten criteria. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability. Petitioner satisfied judging and scholarly articles criteria but failed to demonstrate that his original contributions had major significance or that he had national or international acclaim.

Investment fund director with eleven years in private equity and banking claimed five criteria plus comparable evidence. AAO found published material and comparable evidence (display) criteria met, satisfying the three-criterion threshold. However, on final merits, petitioner failed to demonstrate sustained acclaim or position among the small percentage at the very top of his field, so appeal was dismissed.

A music video producer and director from Ukraine claims extraordinary ability. He satisfied only two of ten evidentiary criteria, falling short of the three-criterion minimum needed. AAO dismissed appeal, holding his awards lacked national or international recognition and association membership claim unsupported.

Makeup artist self-petitioner claimed extraordinary ability under EB-1A, asserting five criteria. AAO found only published material criterion met, fell short of three-criterion threshold, and found no sustained acclaim or top-tier status. Appeal dismissed.

A teacher seeks EB-1A classification claiming awards, contributions, judging, and scholarly articles criteria. The AAO found only two criteria met by the service center. It rejected awards as lacking international recognition, rejected original contributions for insufficient evidence of major significance, and declined to reach a final merits determination because the petitioner failed the threshold requirement of three criteria.

A singer sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding although the petitioner satisfied three initial criteria, the record did not establish sustained national or international acclaim or status among the very top singers in the field.

An information systems researcher self-petitioned for EB-1A extraordinary ability classification. Although three initial criteria were satisfied, the applicant failed to establish sufficient additional criteria or sustained national or international acclaim. The AAO found original contributions lacked major significance, published materials came from non-major outlets, and comparative salary evidence was absent.

Chief executive seeks extraordinary ability classification. Claimed judging, awards, and leading role criteria. AAO found awards not for field excellence, judging lacked corroboration, and critical role unestablished. Fewer than three criteria met; appeal dismissed.

A professor and researcher in technical science sought extraordinary ability classification. She claimed no major award and did not adequately support three required criteria on appeal. The AAO found willful misrepresentation in submitted documents and dismissed the appeal, noting serious errors unresolved when given opportunity to rebut.

Professional guitarist and music educator seeks EB-1A extraordinary ability classification. Claimed seven criteria. AAO affirmed service center findings that two criteria were met but dismissed appeal because only two criteria satisfied and three required; overall record does not demonstrate sustained acclaim or placement among top of field.

Clinical director in implant dentistry petitioner claimed five criteria; service center found only one met. AAO found beneficiary also met judging and critical role criteria on de novo review. Case remanded for final merits determination assessing whether sustained acclaim and top-tier status demonstrated.

A neuroscientist specializing in neurodegenerative diseases claimed five EB-1A criteria. AAO affirmed that only two criteria were met, dismissing the appeal because the petitioner satisfied fewer than three required initial evidentiary criteria, precluding a final merits analysis.

AI solutions architect claimed seven extraordinary ability criteria. AAO found petitioner met three required criteria: judging, scholarly articles, and leading role. The case was remanded to SCOPS for final merits determination on whether the totality of evidence establishes extraordinary ability.

A cybersecurity engineer claiming extraordinary ability in EB-1A satisfied four of seven claimed criteria. The AAO dismissed the appeal, finding that while regulatory criteria were met, the totality of evidence failed to demonstrate sustained national or international acclaim and placement among the very top in the field.

Electrical engineer sought EB-1A classification based on extraordinary ability. Claimed awards, membership, published material, judging, contributions, and leading role. Service center found two criteria met; AAO found awards and membership not met and concluded petitioner lacked sustained national or international acclaim required for the classification.

A lawyer sought EB-1A extraordinary ability classification. The petitioner claimed four criteria: judging, original contributions, scholarly articles, and leading/critical role. The AAO found judging and contributions not met and declined to address the other two, dismissing for failure to satisfy the threshold of three criteria.

A digital media marketing strategist and agency founder claims extraordinary ability. She met four initial criteria (membership, published material, judging, scholarly articles) but failed on awards and final merits. AAO held her achievements from 2019–2025 lack the sustained, high-impact recognition required for this elite classification.

Professional squash player seeking EB-1A extraordinary ability classification. Claimed seven criteria; AAO found at least three met (awards, published material, and prior comparable evidence finding). Matter remanded for final merits determination on sustained acclaim and placement among top percentile.

A food and product safety compliance professional sought EB-1A classification. The service center accepted three criteria and the petitioner claimed three more on appeal, which the AAO reserved. The AAO dismissed the appeal at the final merits step because the impact seemed limited to his employer and acclaim was not shown.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

A biophysical chemist specializing in nuclear magnetic resonance spectroscopy and membrane proteins appealed SCOPS denial of EB-1A petition. Petitioner claimed original contributions of major significance. AAO found the criterion met based on expert letters, high citations, and patent commercialization, satisfied three evidentiary thresholds, and remanded for final merits determination.