Published AAO appeal decisions

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

A film and media editor sought EB-1A extraordinary ability classification. Though he met only one criterion (exhibitions), the AAO rejected awards and leading role findings due to insufficient documentation. He failed to meet the three-criterion threshold and lacked evidence of sustained national or international acclaim.

Aerospace technology specialist in air transportation modeling claiming extraordinary ability. Met scholarly articles and judging criteria but failed membership, original contributions, and leading role criteria. Only two of ten criteria established despite claiming four additional. Appeal dismissed for insufficient evidence of top-tier recognition.

Self-petitioner speech and theatrical coach sought EB-1A classification. Met three preliminary criteria: judging, published material, critical role. AAO dismissed appeal because evidence did not establish sustained national or international acclaim required for extraordinary ability classification.

Chief executive officer and solutions architect claimed four criteria including membership, published material, leading role, and high salary. AAO found none met. YPO membership lacked demonstrated outstanding achievement standard. Published materials insufficient in prominence or attribution. Executive experience alone does not establish upper echelon status required.

A solution director in supply chain and manufacturing technology sought extraordinary ability classification, claiming four criteria. The Director accepted two. The AAO found only judging satisfied, rejected original contributions and leading role, treated scholarly articles as waived, and dismissed because acclaim was confined to employers and collaborators.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

A radiologist seeking EB-1A extraordinary ability classification met the threshold evidentiary criteria but failed the final merits determination. The AAO found that while the petitioner demonstrated substantial accomplishments and institutional affiliations, the evidence did not establish sustained national or international acclaim at the very top of nuclear medicine.

A talent agency petitioned for O-1A classification for a stand-up comedian. The petitioner claimed lead performer status, national recognition, and commercial success. The AAO found the petitioner satisfied fewer than three required evidentiary criteria and dismissed the appeal without reaching the overall sustained acclaim analysis.

Pathologist and professor seeking EB-1A extraordinary ability classification. Met three of ten criteria: judging, scholarly articles, and critical role at family company. AAO dismissed appeal, finding no sustained national or international acclaim; achievements were routine academic duties and family-based rather than demonstrating top-tier standing.

Brazilian jiu-jitsu athlete and coach claiming extraordinary ability. Petitioner claimed five criteria but established only two: awards and judging. On appeal, sought to add membership and leading role criteria but failed to meet either. AAO dismissed appeal because the petitioner satisfied fewer than the required three criteria and lacked sustained national or international acclaim.

A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required for extraordinary ability.

Tattoo artist claimed five criteria for extraordinary ability classification. Met two initial evidentiary criteria but failed three additional ones: awards lacked national significance, original contributions not demonstrated, and critical role unsubstantiated. AAO affirmed dismissal; evidence did not establish sustained national or international acclaim.

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Entrepreneur and financier in business sought EB-1A extraordinary ability classification. Claimed at least three evidentiary criteria including awards and leadership role. AAO found awards lacked recognition as nationally or internationally prestigious for excellence in business and concluded petitioner lacks sustained national or international acclaim required for extraordinary ability.

A soccer player met four initial extraordinary ability criteria but failed the final merits test. AAO found his 15-year career and media coverage did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of professional soccer.

Sound engineer and technical director in television and radio industry sought EB-1A extraordinary ability. Failed to meet three of ten initial evidentiary criteria; judging and exhibitions claims withdrawn or unsupported, original contributions lacked objective attribution. AAO dismissed, finding insufficient sustained acclaim.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

Film, commercial, and music video producer and founding executive of production company seeks EB-1A extraordinary ability classification. Petitioner met three evidentiary criteria. AAO affirmed denial on final merits, finding insufficient evidence of sustained national or international acclaim or position at the very top of the field.

Professional auto racing team petitioned for an engineer employed since 2016. Petitioner met three evidentiary criteria but AAO found the totality of evidence insufficient to demonstrate sustained national or international acclaim or position among the very top of the field of automotive engineering.