Published AAO appeal decisions

Fitness trainer sought EB-1A extraordinary ability classification. Met two of ten regulatory criteria: published material and leading critical role. Claimed membership, original contributions, scholarly articles, and commercial success but AAO found none satisfied. Without three criteria met, final merits analysis not reached.

A software quality assurance engineer met three initial evidentiary criteria for EB-1A extraordinary ability. However, the final merits determination found the record did not demonstrate sustained national or international acclaim or that petitioner was in the small percentage at the very top of the field, so appeal was dismissed.

Business management professional self-petitioner seeks EB-1A extraordinary ability classification. Met three initial criteria but AAO found no sustained national or international acclaim, with internal awards only from 2007-2009, failing final merits determination.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

A professional soccer player sought extraordinary ability classification, claiming five criteria. The AAO found awards and published material met, rejected original contributions and high salary, and sustained leading role. With three criteria satisfied, the case was remanded for a final merits analysis of sustained national or international acclaim.

Entrepreneur claimed nine EB-1A criteria but met only two, short of three required. AAO withdrew contradictory SCOPS findings on awards and membership, rejected published material claim, but found petitioner met the threshold. Matter remanded for final merits determination on whether evidence shows sustained acclaim and top-tier status.

A water polo player claimed four EB-1A criteria but satisfied only one. AAO affirmed dismissal, finding no major award, insufficient criteria met, and no evidence of the extraordinary sustained acclaim required for EB-1A classification at the sport's highest level.

A business consultant mentoring immigrant entrepreneurs claimed extraordinary ability. The AAO found he did not meet the threshold of three evidentiary criteria and, alternatively, that he failed to demonstrate sustained national or international acclaim and place among the very top of his field.

Co-founder and CEO of financial technology company claiming extraordinary ability through lesser awards, memberships, published materials, and leadership role. AAO found awards criterion not met because award belonged to employer; membership criterion not met because petitioner failed to demonstrate it applies; and overall record lacks evidence of sustained acclaim among the very top of the field.

Martial artist from Uzbekistan seeks extraordinary ability classification. Met four initial criteria but dismissed on final merits. Documented achievements only through 2018; gap of years without evidence of sustained national or international acclaim through filing date.

A singer-composer self-petitioned for EB-1A. Demonstrated two criteria: lesser awards and exhibition display. Failed to establish three required criteria. AAO affirmed denial because the evidentiary threshold was not met, reserving final merits analysis.

Professional soccer player seeking EB-1A as intending soccer coach. AAO dismissed appeal, finding only two of six claimed criteria met. Petitioner lacked coaching evidence and sustained acclaim in new field; transition from athlete to coach does not satisfy extraordinary ability standard for small percentage at field's top.

A civil engineer self-petitioned for EB-1A extraordinary ability claiming five criteria. The AAO affirmed that only two criteria were met and dismissed because petitioner failed to demonstrate the extraordinary ability standard requiring sustained national or international acclaim at the very top of the field.

A Canadian business manager and entrepreneur seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met zero evidentiary criteria required for extraordinary ability and lacked sustained national or international acclaim as required by statute.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

Cosmetics innovator claimed EB-1A extraordinary ability for stamp crease tool invention and artistic displays. AAO affirmed denial, finding no recognized awards, insufficient evidence of original contribution, and failure to establish three criteria. Lack of sustained national or international acclaim found.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Spanish voiceover actor for dubbing and localization sought EB-1A extraordinary ability classification. AAO remanded because service center failed to address three claimed criteria despite petitioner providing evidence in initial petition and response to RFE, denying fair opportunity to contest on appeal.

A karate coach claimed extraordinary ability and sought to open karate schools in the United States. The AAO confirmed he met two criteria—judging and leading role—but dismissed because he failed to meet the minimum three-criterion threshold required for final merits consideration.

A sales specialist and trainer claiming extraordinary ability under EB-1A sought to satisfy four criteria: published material, original contributions, leading role, and high salary. The AAO affirmed dismissal, finding published material and original contributions unsubstantiated and insufficient to meet the three-criterion minimum.

A hockey athlete and coach appealed denial of EB-1A petition. The AAO withdrew SCOPS's decision that petitioner failed the judging criterion, finding evidence that she served as head referee. With three criteria met, the AAO remanded for SCOPS to conduct final merits analysis of sustained acclaim and top percentage standing.

Information technology project manager claimed extraordinary ability in business. AAO affirmed denial because petitioner failed to meet three of ten criteria and showed no major award; lacks sustained acclaim or recognition consistent with top of field.