Published AAO appeal decisions

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.

Performing artist self-petitioner sought EB-1A extraordinary ability in the arts. AAO found petitioner met zero of four criteria analyzed and lacked evidence of intent to continue work in the United States, denying the petition on independent grounds.

A pianist sought EB-1A extraordinary ability classification, claiming criteria through awards, published material, judging, performances, and critical role at a distinguished institution. The AAO found only one criterion met but concluded the overall evidence did not demonstrate sustained national or international acclaim or placement in the very top of her field.

A medical professional in anesthesia and critical care claimed extraordinary ability through awards, memberships, judging, publications, and institutional role. The AAO found none of the criteria met: exam results are not awards, memberships required only completion, judging lacked national recognition, publications lacked citation evidence, and institutional role was not at distinguished level. Appeal dismissed for insufficient evidence of sustained acclaim.

An inventor and consultant in packaging and industrial machines claimed extraordinary ability through awards, memberships, media coverage, patents, and institutional roles. The AAO found awards and memberships met but rejected published material, original contributions lacking sustained national impact evidence, and leading role. Only two criteria satisfied; innovations lacked proven sustained national recognition despite company use. Appeal dismissed.

A financial investment advisor self-petitioner claimed extraordinary ability in business. The AAO found only one criterion met and dismissed the appeal, concluding the petitioner failed to establish sustained national or international acclaim at the very top level of the field.