Published AAO appeal decisions

A neuroscientist appealed denial of EB-1A petition. The AAO found three criteria met: published materials, scholarly articles, and leading critical roles. However, the final merits determination failed; peer review participation and publication venues alone did not establish the sustained national or international acclaim and top-tier status required for extraordinary ability.

Entrepreneur and founder of luxury automobile club in China claiming extraordinary ability in business. Claimed three criteria on appeal: judging, original contributions, and others already met. AAO dismissed, finding only two criteria met, below the three required, and no sustained international acclaim or top percentile achievement.

Executive accountant and founder claimed extraordinary ability through judging, publications, and critical role. AAO agreed three criteria met, triggering final merits analysis. However, found sporadic publication record and limited auditing history insufficient to demonstrate sustained acclaim and top tier standing in accounting field.

Film and television director seeks EB-1A extraordinary ability classification. Claimed five criteria including awards, published material, original contributions, critical role, and artistic display. AAO rejected awards and published material as lacking substantiation. Critical role claim failed for insufficient evidence of organizational distinction. Appeal dismissed for failure to meet three required initial criteria.

A quantitative analyst and vice president at a financial firm sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only leading role and high salary criteria, but failed on scholarly articles lacking major publication venues and original contributions lacking field-wide impact.

Software development executive in financial technology claimed extraordinary ability via membership, original contributions, critical role, and salary. AAO found only critical role criterion met, disagreed with director on salary, rejected membership and contributions as insufficient. Dismissed for failing three-criterion threshold.

An embedded software engineer in industrial automation sought EB-1A extraordinary ability. The AAO found two criteria met: judging and scholarly articles. Claims of critical role and high salary were rejected as lacking evidence that contributions were significant to employer overall or that compensation exceeded comparable positions, leaving the petitioner one criterion short.

An international tax attorney specializing claimed six criteria but met none. The AAO found his bar association membership, published work, judging, original contributions, scholarly articles, and leading role all unmet. Lacking three criteria and evidence of sustained international acclaim, the petition was dismissed.

Vice president of talent acquisition sought EB-1A. Petitioner met two criteria (leading role, high salary) but AAO found insufficient for third required criterion. Award and membership claims rejected: inaugural conference award lacked established reputation, professional certification not equivalent to association membership. Appeal dismissed.

A violinist claimed extraordinary ability under seven criteria including awards, membership, published material, judging, and leading critical role. Only judging and leading critical role criteria were established. Awards, membership, and published material claims were rejected. Acclaim by association with prestigious institutions insufficient. Appeal dismissed.

Gourmet baker and cafe co-owner met leading role criterion only. AAO rejected awards as employer-level recognition, published material as non-major media, and exhibitions as commercial not artistic. Final merits unmet due to lack of sustained national or international acclaim.

A construction manager and vice president in China sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only published material and leading role criteria but failed awards and original contributions claims due to factual inconsistencies and lack of field-wide impact.

A fitness industry business consultant filed I-140 for extraordinary ability. He met judging and scholarly articles criteria but failed awards, published material, leading role, and high salary claims. AAO found only two criteria satisfied, below three minimum required.

Fashion designer sought EB-1A extraordinary ability classification. Claimed at least five criteria including judging, exhibitions, published material, critical role, and scholarly articles. AAO found judging and exhibitions met but published material lacked attribution and critical role claim unsupported; petitioner failed to meet three-criterion threshold and lacked sustained acclaim.

An architectural designer employed by a real estate development company sought O-1A classification. Petitioner claimed eight criteria but only met two. AAO found published materials insufficient, lead role claim unsupported by evidence that beneficiary merely interned, and testimonials from colleagues lacked demonstrated recognition outside that circle. Appeal dismissed.

Strategic consulting firm sponsored senior trade and diplomatic advisor. Three criteria met: scholarly articles, leading role, high salary. Published material and original contributions rejected; articles not about beneficiary, letters lacked specifics. Appeal dismissed.

The petitioner is a stage, television and film actress seeking extraordinary ability classification on her own behalf. She claimed several evidentiary criteria. The AAO dismissed the appeal, finding the initial three-criteria requirement unmet because awards, membership and leading-role evidence fell short, and the record did not show sustained acclaim.

Biotechnologist in immunology sought EB-1A extraordinary ability classification. AAO confirmed petitioner met three evidentiary criteria (judging, scholarly articles, leading role) but dismissed appeal because totality of evidence failed to establish sustained national or international acclaim or placement among the very top of the field.

Rowing coach and former athlete claimed extraordinary ability in athletics. Met three evidentiary criteria but failed to demonstrate sustained national or international acclaim required at final merits stage. Appeal dismissed because record did not establish recognition sufficient for EB-1A.

E-commerce gourmet meal delivery CEO sought EB-1A extraordinary ability. Employer-petitioner showed beneficiary met published materials and leading role criteria. AAO dismissed because only two criteria met and no major award, finding insufficient evidence of sustained national or international acclaim.

Amateur bodybuilder claimed extraordinary ability. Director found no criteria met. AAO reviewed all four claimed criteria (awards, membership, published material, leading role) and rejected each: awards not nationally recognized, membership organizations lack expert standards, publications insufficient, and gym lacks distinguished reputation. Appeal dismissed.

A researcher employed as associate director sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading role. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or placement among the very top of the field despite meeting the threshold criteria.

A journalist working for Russian radio and U.S.-based publications claimed three criteria. The AAO found published material and leading critical role met, but scholarly articles failed because audience was not learned professionals. With only two criteria met, the appeal was dismissed.

A photographer self-petitioner claims extraordinary ability under EB-1A, satisfying judging and exhibitions criteria. The AAO affirmed the service center's denial because the petitioner failed to meet three required criteria: membership in elite association, original contributions of major significance, and a leading role in a distinguished organization. The evidence lacked specificity and corroboration of field recognition.