Published AAO appeal decisions

A research scientist claims EB-1A extraordinary ability in the sciences. The petitioner asserted awards, membership, publications, original contributions, scholarly articles, leading role, and salary criteria. The AAO affirmed denial because none demonstrated the sustained national or international acclaim required to show she reached the very top of her field.

Counsel represented postdoctoral biomedical researcher in sciences. Petitioner met two criteria: original contributions via National Academy opinions and scholarly articles through sustained publication. AAO dismissed appeal, finding two criteria insufficient, no evidence of distinguished performance meriting small percentage at field top.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner met two of ten criteria: published material and scholarly articles. However, the AAO found the evidence insufficient to establish sustained national or international acclaim or placement at the very top of the field. Appeal dismissed.

Employer-sponsored biomedical researcher claimed six criteria for EB-1A extraordinary ability. AAO found two criteria met but required three, concluding petitioner failed to establish sustained national or international acclaim at the top level of the field.

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 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 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.

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.

Biomedical researcher seeking EB-1A classification met two criteria: original contributions and scholarly articles, evidenced by National Academy of Science endorsements and citations. The AAO dismissed the appeal, finding only two of three required criteria met and that evidence did not establish sustained national or international acclaim at the very top.

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 scientist in life sciences claims extraordinary ability via awards, judging, scholarly articles, and critical role. The AAO found the grants were not recognized prizes, article citations were sparse, and the evidence did not demonstrate sustained national or international acclaim or top-tier standing in the field.

An epidemiologist with published research on myocardial infarction and sleep apnea sought EB-1A classification. The AAO found the petitioner failed three-criterion threshold, lacking major nationally recognized awards, media recognition timed before filing, or widespread field acknowledgment of contributions as breakthrough work. Appeal dismissed.

Cancer researcher seeking EB-1A extraordinary ability classification in sciences. Claimed awards, membership, publications, contributions, scholarly articles, and critical role. AAO affirmed denial on all criteria, finding petitioner a valued colleague but lacking evidence of sustained national or international acclaim at field top level.

A scientist in cardiovascular and cerebrovascular diseases claimed extraordinary ability through awards, membership, published material, editorial position, and leadership roles. The AAO found awards too old, insufficient membership documentation, incomplete translations of articles, editorial work too remote in time, and leadership positions routine in the field. Appeal summarily dismissed for lack of specific arguments or evidence.

An epidemiologist sought EB-1A classification based on research on sleep apnea and cardiovascular disease. The AAO dismissed the appeal, finding the petitioner failed to meet three required criteria. Awards were departmental only, published work lacked primary focus on petitioner, and contributions lacked widespread recognition as major.

A cancer researcher sought extraordinary ability in life sciences via EB-1A. Claimed award, articles, and recommendations. AAO affirmed that evidence showed skilled colleague but not sustained national or international acclaim or placement among small percentage at field's very top.

Biomedical researcher claiming extraordinary ability based on memberships, publications, scholarly articles, and original contributions. AAO found two criteria met but membership and leading role claims failed. Evidence did not establish sustained national or international acclaim at the very top of the field.

Research scientist claiming extraordinary ability in sciences. Counsel did not contest director findings on awards and judging. AAO found scholarly articles lacked citation evidence and research role was not distinguished enough. Overall evidence insufficient for extraordinary ability classification.

A medical researcher in human acariasis filed for EB-1A. The AAO dismissed the appeal, finding the petitioner was a prolific author with some exposure in Chinese epidemiology literature but had not demonstrated sustained national or international acclaim at the very top level of the medical research field.

Researcher in sciences filed for EB-1A extraordinary ability classification. Petitioner claimed five criteria; two were met on appeal: published articles with citations and postdoctoral role. However, AAO found overall evidence insufficient to demonstrate sustained national or international acclaim at the very top of the field.