Published AAO appeal decisions

A corporate attorney with thirty years of business law experience in U.S.-France trade sought EB-1A classification. The AAO remanded because the Service Center Director failed to fully analyze claimed evidentiary criteria and incorrectly rejected post-filing evidence, depriving the petitioner of complete consideration.

A medical researcher in microbiology and parasitology sought EB-1A extraordinary ability classification. The petitioner claimed four criteria. The AAO found original contributions and leading/critical role not met due to insufficient evidence of major field-wide significance and distinguished role. Appeal dismissed for failure to meet the three-criterion threshold.

A ballroom dance choreographer claimed five evidentiary criteria for extraordinary ability, already meeting two. The AAO upheld denials for awards lacking national or international recognition, membership not judged by recognized experts, and salary not shown high relative to the field. With only two criteria met, the petition was dismissed without final merits review.

A systems engineer in education technology sought extraordinary ability classification for developing an e-learning platform. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required criteria and failed to establish original contributions of major significance in the field.

A general and operations manager sought EB-1A extraordinary ability classification, claiming six criteria. The AAO found he satisfied only the leading or critical role criterion but failed awards, membership, judging, and high salary criteria. The decision dismissed the appeal, finding no sustained national or international acclaim or top-tier field status.

Commercial photographer seeking EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO dismissed appeal, finding none met: memberships lack proper standards, published materials are promotional rather than substantive coverage, exhibitions not qualifying, and no leading critical roles. Does not demonstrate sustained acclaim or top-tier status.

Journalist sought EB-1A extraordinary ability. Claimed four criteria; established only two: judging and leading critical role. Awards insufficient documentation; no evidence of national recognition. High salary claim lacked comparable industry data. Failed to meet three-criterion threshold for final merits analysis.

Sales and marketing specialist from Kuwait/Jordan seeking EB-1A extraordinary ability. Petitioner claimed six criteria including awards, published material, and original contributions. AAO found only leading critical role met. Serious credibility issues and lack of corroboration for claims prevented satisfaction of three required criteria.

Physical therapist seeking EB-1A extraordinary ability claimed original contributions, leading role, and high salary criteria. AAO dismissed because petitioner met only one criterion; original contributions lacked demonstrated major significance and organization lacked distinguished reputation.

A pilot and aviation consultant sought EB-1A extraordinary ability classification. He claimed three criteria but failed to establish any. Pilot certification is not association membership; employer companies lack documented distinguished reputation; salary evidence compared pilots not consultants. AAO dismissed, finding insufficient initial evidence.

Sports journalist claimed three EB-1A criteria. AAO found broadcast journalism evidence comparable to artistic exhibitions criterion. Leading role claim failed because award lacked national or international recognition. Only two criteria met; three required, so appeal dismissed without final merits determination.

An athlete, referee and coach in horseback archery and polo seeks EB-1A extraordinary ability classification. AAO found she met one evidentiary criterion and demonstrated substantial U.S. benefit but failed to satisfy the minimum three required criteria, so dismissed appeal.

Investment banker self-petitioner sought EB-1A extraordinary ability classification. AAO affirmed Service Center denial, finding petitioner failed to establish three required criteria: association membership, leading role, and published material were unsupported or waived on appeal.

An entrepreneur in the digital exhibition field sought EB-1A classification. The service center accepted that the initial evidentiary criteria were satisfied, including membership, press coverage, judging, articles and a leading role, but denied at the final merits step. The AAO dismissed the appeal because the evidence did not place her among the field's top percentage.

A human resources professional in Brazil sought EB-1A classification. She claimed five criteria: membership, judging, original contributions, leading role, and high salary. The AAO found only judging was met and dismissed the appeal, concluding she failed to satisfy the required three criteria and lacked sustained national or international acclaim.

Management analyst petitioner claimed five EB-1A criteria. AAO affirmed service center finding that none met: award too limited in scope, membership was mere registration, contributions not of major significance, roles only supportive not critical. Zero of three required criteria satisfied; appeal dismissed without final merits review.

Videographer seeks EB-1A extraordinary ability classification. Petitioner claimed four criteria but satisfied none. Television trophy and regional prize do not constitute nationally or internationally recognized awards. Website reports and event participation do not meet artistic exhibition standard. Videographer role at news agency insufficient for critical role criterion. Appeal dismissed.

An executive in architectural project design claimed extraordinary ability based on six criteria including awards, membership, publications, and original contributions. The AAO found the petitioner did not receive personal awards, lacked qualifying association membership, and failed to show sustained national or international acclaim or standing among the top in the field.

A chief financial officer seeking EB-1A extraordinary ability classification claimed five criteria. The AAO found she satisfied only the leading critical role criterion but failed to meet membership, published material, and high salary criteria. Without three criteria met, final merits determination was not reached. Appeal dismissed.

Cinematographer from Italy sought EB-1A for short films and music videos. AAO upheld denial: satisfied only two of ten criteria (judging and exhibitions). Published material claim rejected; comparable evidence for critical role rejected. Insufficient evidence of sustained national or international acclaim required for top-tier classification.

A geoscientist and volcanology researcher pursuing doctoral degrees seeks extraordinary ability classification. The AAO sustained the appeal, finding the petitioner met five initial criteria and demonstrating through aggregate evidence sustained national or international acclaim, field recognition, and placement among the very top of the volcanology field.

A tennis player sought EB-1A extraordinary ability classification with two initial criteria met. She claimed membership in national team and leadership role on university team. The AAO affirmed denials on both: national team membership lacks expert judgment; university team lacks distinguished reputation. Only two criteria met; three required minimum.

A pianist sought EB-1A extraordinary ability classification. He claimed three criteria including published material, critical role, and scholarly articles. The AAO affirmed dismissal, finding published material unsubstantiated due to missing author credits and circulation data, critical role unsupported by vague testimonials, and scholarly articles claimed too late. Overall acclaim insufficient.

Architect and urban designer claimed extraordinary ability under EB-1A. AAO found three qualifying criteria met (judging, scholarly articles, high salary) and remanded for final merits analysis of whether petitioner demonstrates sustained acclaim among top of field.

Lawyer and legal entrepreneur self-petitioned for EB-1A extraordinary ability classification. Claimed six criteria including awards, membership, publications, contributions, roles, and salary. AAO dismissed, finding petitioner met none of the criteria; director's analysis was thorough and unanswered on appeal.