Published AAO appeal decisions

An economist seeking EB-1A extraordinary ability classification met initial evidentiary threshold but lacked sustained national or international acclaim. AAO reversed Director's finding on leading role criterion, found petitioner failed to meet three criteria, and held evidence insufficient for final merits determination of top-tier status; appeal dismissed.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.

A dance studio petitions for an O-1A visa for a dance instructor. The AAO found only one criterion met (published material) and rejected the judge criterion by withdrawing the service center's approval. It found original contributions insufficiently shown and determined the petitioner failed to meet the threshold of three criteria.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

Pianist sought extraordinary ability classification claiming published material, leading roles, and artistic exhibitions. AAO found no criteria satisfied. Published materials lacked required circulation data; concert performances were regional with no evidence of distinguished organization roles. Record showed local media coverage and restaurant employment, insufficient for sustained national or international acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

Dance studio petitioned for dance instructor beneficiary for O-1A classification. Service center found one criterion met. AAO affirmed that beneficiary met only one criterion and rejected original contributions claim based on lack of evidence of major significance. Petition dismissed as beneficiary failed to satisfy three-criterion requirement.

Speculative designer claimed seven extraordinary ability criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and artistic display). Award lacked international recognition documentation, article published in non-major media, and leading role was contract work lacking organizational distinction. Overall evidence did not establish upper-echelon status.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

A Brazilian attorney and law firm managing partner in transnational corporate law sought EB-1A extraordinary ability classification. The AAO dismissed because, although the petitioner met three evidentiary criteria, the totality of evidence did not demonstrate sustained national or international acclaim or that he was among the small percentage at the very top of his field.

A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

CEO of beverage company manufacturing energy drinks claimed extraordinary ability status. AAO held petitioner satisfied only one of ten required evidentiary criteria (published materials) but failed to establish three minimum; insufficient evidence of national or international acclaim or recognition in field.

A singer sought EB-1A classification claiming five criteria. The AAO affirmed the director's finding that the applicant met only the exhibitions criterion. The claimed awards and leading role criteria failed because the petitioner did not establish that awards recognized excellence in the field or that his success was sustained and internationally acclaimed.

A senior director of product management met three of ten EB-1A criteria (judging, scholarly articles, leading role). However, the AAO upheld dismissal on final merits, holding the record demonstrates some field recognition but fails to show sustained national or international acclaim required for extraordinary ability at the very top.

Quality control engineer in automotive industry sought EB-1A extraordinary ability classification. Petitioner met three regulatory criteria (judging, scholarly articles, critical role) at initial step but failed final merits determination. AAO held insufficient evidence of sustained acclaim or place among small percentage at field top.

Fashion and lifestyle blogger seeking EB-1A extraordinary ability classification. Claimed eight criteria beyond leading role already conceded. AAO affirmed director's findings that awards lacked field recognition, memberships did not qualify, published material source was not major media, and judging post-dated filing. Appeal dismissed for failing three-criterion threshold.

Gymnastics trampoline and tumbling coach sought EB-1A extraordinary ability classification. Claimed three criteria: membership in associations, leading or critical role, and comparable evidence of awards. AAO found one criterion met but insufficient to reach three-criterion threshold, thus dismissed the appeal without addressing final merits.

A physician in diagnostic radiology residency seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding only two criteria met and concluding the beneficiary lacks the sustained national or international acclaim required for the small percentage at the very top of the field.

Paintless dent repair specialist in automotive industry seeking EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only two criteria (published material, judging) but failed to meet three required criteria and lacked evidence of sustained national or international acclaim at the top of the field.

Artist manager who is founder and CEO of an organization seeks EB-1A classification. He claimed to meet three evidentiary criteria. The AAO found he met published material and leading role criteria but not high salary. Because he did not meet the initial requirement of three criteria, final merits analysis showed he lacks sustained national or international acclaim required for extraordinary ability.

Brazilian jiu-jitsu athlete and coach seeks extraordinary ability classification. Petitioner established two of ten criteria but failed to meet three-criterion threshold. Original contributions and leading critical role claims rejected as unsupported by evidence of significant field impact. AAO found petitioner lacked sustained acclaim required for top-tier status.

An operations manager at an e-commerce company claimed seven extraordinary ability criteria. The service center accepted judging and leading role. The AAO dismissed the appeal, finding the award not shown to be nationally recognized, membership abandoned, and the articles not in major media, leaving only two criteria and no final merits review.

Brazilian Jiu-Jitsu coach with 40+ years experience seeking EB-1A extraordinary ability classification. Met only two of ten required criteria: judging and leading role. Failed to demonstrate major international award or sufficient acclaim to establish extraordinary ability standard.

A retired professional soccer player seeks EB-1A classification. He satisfied four initial evidentiary criteria. However, the AAO affirmed the director's final merits finding that his career lacked sustained national or international acclaim, with media coverage concentrated in 2011-2015 rather than throughout his career.