Published AAO appeal decisions

Music composer and trombonist seeks EB-1A extraordinary ability classification in the arts. Met judging and artistic display criteria. Failed to establish leading critical role or high salary claims due to insufficient evidence of organizational distinction and inadequate compensation comparisons. Appeal dismissed for not meeting three required initial criteria.

Strategic port planner with 25 years maritime experience seeks EB-1A extraordinary ability. Met leading role and high salary criteria but failed membership requirement. Dismissed because only two of three required criteria satisfied; final merits determination not conducted.

An A&R executive at a music label sought EB-1A extraordinary ability in the arts. The AAO found one criterion met: leading or critical role. Two claimed criteria—original contributions and commercial success—were rejected as lacking evidence of major significance and sales documentation respectively, failing the three-criterion threshold.

A hospitality consultant with over a decade of experience met three initial criteria through awards, original contributions to Chinese hotel industry, and critical roles. The AAO sustained the appeal, finding sustained national acclaim and placement among top field experts by preponderance of evidence.

A wrestler competing internationally sought EB-1A extraordinary ability classification. He claimed awards, membership, published material, and leading role criteria. The AAO found awards and membership met but rejected published material and leading role due to insufficient evidence and documentation, and concluded the aggregate record did not demonstrate sustained acclaim required for the classification.

A testing and commissioning engineer sought extraordinary ability classification and claimed six evidentiary criteria on appeal: awards, membership, salary, judging, original contributions, and leading or critical role. The AAO dismissed the appeal, finding none satisfied because the evidence was insufficient, such as automatic membership, unspecific letters, and no shown distinguished reputation.

Digital graphics designer employed by a company seeks EB-1A classification claiming awards, published material, leading role, and high salary. AAO found only leading role criterion met. Award lacked proof of national recognition, articles were about company not individual, and salary lacked comparative evidence. Appeal dismissed.

Chief technology officer sought EB-1A extraordinary ability classification. AAO found only one criterion clearly met (judging) and concluded record lacked sustained national or international acclaim or placement at top of field, dismissing appeal.

An international relations scholar and consultant had EB-1A approval revoked. The AAO dismissed his appeal, finding he satisfied only one of ten criteria and lacked required initial evidence or documented sustained acclaim for extraordinary ability in the field.

Guitarist met three initial criteria: judging, leading critical role, and commercial success. On final merits, AAO found petitioner lacked sustained national or international acclaim due to sixteen-year career gap from 2000 to 2016 without documented commercial success and insufficient evidence of renewed success since rejoining band.

Professional basketball player sought EB-1A extraordinary ability. Petitioner claimed and met three criteria: awards for national championships and bronze medal, membership in national team, and leading role for distinguished organizations. AAO sustained appeal, finding sustained international acclaim and documentation supporting status among small percentage at field's very top.

Jazz pianist claimed extraordinary ability through at least three initial evidentiary criteria. Director found two criteria met; petitioner claimed five on appeal. AAO affirmed only two criteria met (judging and exhibitions) and rejected others for insufficient evidence of national or international recognition, major media publication, or distinguished reputation. Appeal dismissed.

Travel agency director claimed three criteria for extraordinary ability. The AAO found petitioner did not receive awards personally, published material was about the company not the individual, and the role was not leading or critical. Appeal dismissed.

Field hockey coach employed by university. Met three initial criteria: published material, leading critical role, and high salary. Final merits analysis found sustained national and international acclaim through coaching clinics, publications, and extensive recognition. Appeal sustained; extraordinary ability classification approved.

Trek and mountain expedition leader claiming extraordinary ability. Met leading or critical role and published material criteria but only two of three required criteria. Awards lacked national or international recognition; rescue missions not shown to be major contributions. Appeal dismissed for insufficient initial criteria.

Rhythmic gymnastics association petitioned for O-1A visa for a coaching beneficiary. Petitioner claimed membership, judging, and original contributions criteria. AAO found the unsigned letter insufficient for membership, no evidence of actual judging participation, and vague contribution descriptions, failing to meet three required criteria.

A chiropractor practiced in Australia, Singapore, and the United States. She claimed four criteria but met only one: leading critical role. The AAO found published material articles were not about her, original contributions lacked demonstrated major significance beyond her own charitable foundation, and salary evidence showed potential rather than past earnings. Appeal dismissed.

Social services organization petitioned for O-1A nonimmigrant visa for traditional Chinese medicine practitioner and acupuncturist. Beneficiary claimed four criteria but satisfied only one. AAO affirmed denial, finding no major award and fewer than three criteria met; insufficient for O-1A eligibility.

A journalist and patron of the arts sought EB-1A extraordinary ability classification but failed to identify a single field encompassing her journalism, stage production, and arts organizing activities. The AAO rejected her claims under judging, leading or critical role, and membership criteria, finding insufficient or inconsistent evidence. The appeal was dismissed.

A mountaineer initially approved for EB-1A had approval revoked after notice of intent. The AAO found only the leading role criterion met; awards, membership, and published material claims failed. The petition did not meet the three-criterion threshold. Final merits analysis confirmed the petitioner lacks the required sustained acclaim.

Manufacturing company president and founder seeking extraordinary ability classification. Met one criterion: leading or critical role based on distinguished company reputation. Failed to meet original contributions and high salary criteria despite additional appeal evidence. AAO dismissed, finding only one criterion met, below three required, and no sustained national acclaim.

Industrial engineer employed as principal engineer sought EB-1A classification. Director found two criteria met (scholarly articles and high salary). Petitioner claimed third criterion regarding critical role; AAO rejected it. Three-criterion threshold not met; final merits not required.

A violinist met four criteria: awards for first place in international competition, published material in economic media about her win, judging, and leading role with multiple major orchestras. The AAO sustained, finding her international competition success, media coverage, and performances with distinguished orchestras demonstrate sustained acclaim and top-tier status.

Spa design and wellness professional sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met only two criteria (judging, leading role), falling short of three-criterion requirement, and lacked evidence of sustained national or international acclaim or top-tier field status.