Published AAO appeal decisions

A bank manager in business claimed six EB-1A criteria based on administrative and human resources work. The AAO found she met none of them sufficiently. Her internal materials lacked external recognition, her judging was routine employment duty, and her roles, though notable, did not establish sustained national or international acclaim required for extraordinary ability.

Self-represented painter claimed extraordinary ability in the arts through awards, membership, publications, and exhibitions. The AAO found the awards lacked documentation of national or international stature, the publication was local without major media distribution, and exhibitions were not at significant national venues. Appeal dismissed.

A research chemist in chemistry and materials science claimed EB-1A criteria for work on fluorescent compounds and published articles. The AAO found he met two criteria: original contributions and scholarly articles. However, lacking the required three criteria and evidence of extraordinary acclaim above nearly all others in his field, the appeal was dismissed.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.

A visual artist and founding member of a Russian art collective claimed EB-1A criteria. The AAO found he met only one criterion. His memberships lacked demonstrated outstanding achievement standards, published material was insufficient, and though he exhibited widely in Russia and abroad, the record did not establish original contributions of major significance or commercial success.

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 self-petitioner art director in motion picture advertising sought EB-1A classification. Although the AAO found the petitioner met the awards and judging criteria, the decision affirmed dismissal because only two of the required three criteria were met and the evidence did not collectively demonstrate extraordinary ability at the very top of the field.

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.

Computer scientist sought extraordinary ability classification in intrusion detection systems. Petitioner claimed awards, membership, patents, scholarly articles, and leadership role. AAO found no major prize, no outstanding-achievement membership, and insufficient documentation of major contributions or sustained acclaim beyond affiliated institutions to meet at least three criteria.

Rhythmic gymnastics coach sought EB-1A extraordinary ability classification. Petitioner claimed three criteria via Master of Sport designation, judging, and leading role in team success. AAO found insufficient evidence of sustained national or international acclaim as coach and dismissed the appeal.

Business intelligence systems analyst and developer sought extraordinary ability classification. Petitioner claimed judging, original contributions, and leading role. AAO found judging limited to employment duties, recommendation letters insufficient to show major field significance beyond acquaintances, and no documentary evidence of organizational role or reputation.

Senior software engineer in computer vision sought EB-1A extraordinary ability. Petition initially approved but revoked. AAO affirmed revocation finding petitioner met no criteria. Evidence showed talent but insufficient to demonstrate sustained national or international acclaim at very top of field. Appeal dismissed.

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.

An employer petitioned for O-1A classification of an endocrinologist for temporary three-year employment. The AAO held the beneficiary met only the membership criterion but failed to establish three criteria overall and lacked sustained national or international acclaim required for extraordinary ability.

A power lifter from Uruguay seeking EB-1A classification claimed extraordinary ability through awards, judging, and organizational roles. The AAO dismissed the appeal, finding only one criterion met and rejecting claims of leading role and sustained acclaim as personal trainer.

Self-petitioner seeks EB-1A classification as business person with extraordinary ability. Claimed awards, membership, published material, and leading role criteria. AAO rejected all criteria and concluded beneficiary is successful regional businessman without sustained national or international acclaim required for extraordinary ability classification.

Self-represented former athlete petitioner claimed extraordinary ability through past athletic achievements and subsequent business and ministry work. AAO found petitioner was accomplished athlete but lacked sustained national or international acclaim placing him at the very top of his field. Appeal dismissed.

Research chemist in supramolecular chemistry seeking EB-1A extraordinary ability. Petitioner claimed multiple criteria, met original contributions (novel compounds), but AAO dismissed appeal, finding only one criterion solidly met, insufficient judging and leading role evidence, and lack of sustained national or international acclaim required.

Classical music promoter, self-petitioner, claimed five criteria for extraordinary ability. AAO found membership, published material, judging, exhibitions, and leading role criteria unsatisfied. Evidence insufficient to demonstrate sustained national or international acclaim at the very top level.

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.

Banking industry manager seeking EB-1A extraordinary ability. Petitioner claimed membership, published material, judging, leading role, and high salary. AAO dismissed, finding membership not based on achievement, internal publications undisclosed, judging routine job duty, no distinguished establishment role recognition, and insufficient salary evidence, failing three-criterion threshold.

Self-petitioner seeking EB-1A extraordinary ability for beneficiary in business. Beneficiary president and CEO of successful furniture retail company in Arizona. AAO found evidence demonstrates successful local business reputation but not sustained national or international acclaim placing him among very top of field.