Published AAO appeal decisions

A global brand and marketing communications director sought extraordinary ability classification, initially claiming nine criteria. The AAO found only the leading or critical role criterion satisfied, others unmet or waived, so the three-criterion threshold was not reached and the appeal was dismissed.

An automotive journalist claimed five EB-1A criteria beyond the leading role criterion the director found met. The AAO affirmed rejections of awards, published material, and judging criteria. With only one criterion met, petitioner failed the threshold and lacked sustained international acclaim.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

Pomegranate industry business executive sought EB-1A extraordinary ability. AAO held petitioner failed to meet three of ten initial criteria; television appearances lacked sufficient documentation; evidence did not establish sustained national or international acclaim required for classification.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

Cultural director sought EB-1A classification. Met three evidentiary criteria: published material, judging, and leading role. However, AAO dismissed appeal finding no sustained national or international acclaim. Media coverage limited to local newspaper until 2008 with no subsequent prominence; failed to demonstrate career of acclaimed work or presence among field's very top.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.

An economist seeking EB-1A extraordinary ability classification met initial evidentiary threshold but lacked sustained national or international acclaim. AAO reversed Director's finding on leading role criterion, found petitioner failed to meet three criteria, and held evidence insufficient for final merits determination of top-tier status; appeal dismissed.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.

A dance studio petitions for an O-1A visa for a dance instructor. The AAO found only one criterion met (published material) and rejected the judge criterion by withdrawing the service center's approval. It found original contributions insufficiently shown and determined the petitioner failed to meet the threshold of three criteria.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

Pianist sought extraordinary ability classification claiming published material, leading roles, and artistic exhibitions. AAO found no criteria satisfied. Published materials lacked required circulation data; concert performances were regional with no evidence of distinguished organization roles. Record showed local media coverage and restaurant employment, insufficient for sustained national or international acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

Dance studio petitioned for dance instructor beneficiary for O-1A classification. Service center found one criterion met. AAO affirmed that beneficiary met only one criterion and rejected original contributions claim based on lack of evidence of major significance. Petition dismissed as beneficiary failed to satisfy three-criterion requirement.

Speculative designer claimed seven extraordinary ability criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and artistic display). Award lacked international recognition documentation, article published in non-major media, and leading role was contract work lacking organizational distinction. Overall evidence did not establish upper-echelon status.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

A Brazilian attorney and law firm managing partner in transnational corporate law sought EB-1A extraordinary ability classification. The AAO dismissed because, although the petitioner met three evidentiary criteria, the totality of evidence did not demonstrate sustained national or international acclaim or that he was among the small percentage at the very top of his field.

A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

CEO of beverage company manufacturing energy drinks claimed extraordinary ability status. AAO held petitioner satisfied only one of ten required evidentiary criteria (published materials) but failed to establish three minimum; insufficient evidence of national or international acclaim or recognition in field.

A singer sought EB-1A classification claiming five criteria. The AAO affirmed the director's finding that the applicant met only the exhibitions criterion. The claimed awards and leading role criteria failed because the petitioner did not establish that awards recognized excellence in the field or that his success was sustained and internationally acclaimed.

A senior director of product management met three of ten EB-1A criteria (judging, scholarly articles, leading role). However, the AAO upheld dismissal on final merits, holding the record demonstrates some field recognition but fails to show sustained national or international acclaim required for extraordinary ability at the very top.

Quality control engineer in automotive industry sought EB-1A extraordinary ability classification. Petitioner met three regulatory criteria (judging, scholarly articles, critical role) at initial step but failed final merits determination. AAO held insufficient evidence of sustained acclaim or place among small percentage at field top.