Published AAO appeal decisions

A venture capital investment manager sought EB-1A extraordinary ability classification. He claimed four criteria but met only the high-salary criterion. The AAO affirmed the denial because he satisfied only two criteria, falling short of the three required before final merits analysis, and dismissed the appeal.

A geologist self-petitioned for extraordinary ability classification. The AAO confirmed she met judging and scholarly articles criteria but failed on membership, original contributions, and leading role. Only two of three required criteria satisfied. No evidence of sustained national or international acclaim at the top of geology. Appeal dismissed.

Professional baseball player seeking EB-1A extraordinary ability classification. Although petitioner satisfied four initial evidentiary criteria, final merits analysis found insufficient evidence of sustained national or international acclaim among small percentage at very top of field. Major League selection alone does not establish extraordinary ability.

A cybersecurity engineer sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he did not satisfy at least three of ten evidentiary criteria and lacked the sustained national or international acclaim required for final merits determination.

Self-petitioner in digital education transformation business seeks EB-1A classification. Three initial criteria met but appeal dismissed because record shows limited, recent instances without sustained national or international acclaim or evidence of top-tier recognition in the field.

Ballroom dance choreographer petitioner sought EB-1A extraordinary ability classification on motion. AAO found petitioner failed to meet at least three required criteria: awards lacked sufficient documentation, memberships did not require outstanding achievements, training manual showed no major significance, leading role claim unsubstantiated, and salary data was incomparable. Motion dismissed.

Search engine optimizer sought EB-1A extraordinary ability classification. Petitioner claimed five criteria, with service center finding only two met. On appeal, petitioner pursued scholarly articles claim based on published book, which AAO rejected as not constituting scholarly articles. Unable to meet three-criterion minimum, appeal dismissed without final merits analysis.

Airline pilot sought EB-1A extraordinary ability classification claiming published material, original contributions, and critical role. AAO affirmed denial, finding no major award and failing to meet three regulatory criteria. Petitioner's safety innovations and comparable evidence claims rejected as insufficient.

A marketing director met three evidentiary criteria but failed the final merits determination. The AAO affirmed SCOPS' reasoned consideration of evidence, including letters provided in response to notice of intent to deny. The petitioner made general unsupported assertions of error and provided no additional evidence that sustained national or international acclaim was established.

Materials engineer-economist self-petitioner claimed three EB-1A criteria: membership, original contributions, and leading role. AAO found none met: military position unrelated to field, program implementation insufficient for major significance, and supporting letters lack specificity on distinguished role or organization reputation. Appeal dismissed.

An economist sought EB-1A classification for extraordinary ability. The AAO found he met three evidentiary criteria: association membership, published material, and judging. However, on final merits determination, the record lacked evidence of published scholarly articles, government implementation of research, or sustained national or international acclaim required for extraordinary ability. Appeal dismissed.

Musician and band founder seeks EB-1A extraordinary ability classification. Petitioner met four regulatory criteria but AAO dismissed appeal, finding evidence insufficient to demonstrate sustained national or international acclaim or career reflecting small percentage at very top of field.

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.