Published AAO appeal decisions

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.

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.

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.

Microbiologist filed self-petition seeking EB-1A extraordinary ability classification. Petitioner claimed at least three regulatory criteria including original contributions and scholarly articles. AAO dismissed appeal, finding petitioner failed to demonstrate sustained national or international acclaim at the very top of the field.

Self-represented postdoctoral researcher claimed extraordinary ability as scientist based on awards, memberships, published material, and teaching roles. AAO found awards insufficient, memberships not based on outstanding achievement, articles not primarily about petitioner, and teaching roles not at very top level. Appeal dismissed for failure to meet three criteria.

A scientist in psychophysiology self-petitioned for EB-1A extraordinary ability. She claimed four regulatory criteria but the AAO found she did not meet the awards or membership criteria, and letters of recommendation alone could not establish leading role. The AAO dismissed the appeal because the petitioner failed to demonstrate sustained national or international acclaim at the very top of her field.