Published AAO appeal decisions

A human resources manager at a cryptocurrency finance company sought EB-1A extraordinary ability classification. Petitioner claimed seven criteria; director found two met. AAO affirmed, rejecting membership in professional associations, judging participation, and scholarly articles as insufficiently documented, and found the aggregate record did not demonstrate the sustained acclaim required.

A film director and producer claimed four criteria for extraordinary ability. The AAO found only scholarly articles met; awards, original contributions, and leading critical role failed due to insufficient evidence of personal achievement or significant field impact. With one criterion met, appeal dismissed.

A general management executive sought extraordinary ability classification. She met only one criterion (leading critical role). The AAO dismissed the appeal, finding her evidence of membership, judging, and original contributions did not meet regulatory requirements and insufficient overall evidence of sustained acclaim at the top of the field.

A business analyst employed as a director sought EB-1A classification. He claimed five criteria, meeting three initially. The AAO found the judging criterion met but the original contributions criterion not met. On final merits, the AAO held the evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field.

An orthopedic surgeon seeking extraordinary ability classification as scientific advisor met only one of required three criteria through judging. The AAO dismissed the appeal because the petitioner did not establish high salary comparatives or critical role at a distinguished institution, and failed to demonstrate sustained national or international acclaim.

A fashion model claims extraordinary ability. She met only the judging criterion but failed awards, published material, original contributions, exhibitions, and leading role criteria. She lacked documentation for commercial success. With only one criterion met, she falls short of the three required.

A violinist claimed five criteria: judging and exhibitions met; awards, scholarly articles, and leading role rejected or unmet. Only two of three required criteria established. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim.

A contemporary dance company sought O-1A extension for a principal dancer. The beneficiary trained at a university and held O-1 status with multiple prior extensions from 2007 to 2018. However, the visa is coded as O-1A (sciences, education, business, athletics) when the decision concerns arts/dance, which falls under O-1B. This is a miscategorization in the input.

Dance instructor and choreographer seeks EB-1A classification claiming five criteria. AAO found she met judging and exhibitions criteria but not awards or leading role criteria. Evidence did not show sustained national or international acclaim or position among the very top of the field, so appeal dismissed.

A development director sought EB-1A extraordinary ability classification. AAO found three criteria met: leading role, judging, and scholarly articles. However, final merits analysis found judging experience lacked demonstrated impact on field and served as internal review only. Insufficient to show sustained acclaim or top-tier status. Appeal dismissed.

A culinary chef and gastronomic consultant sought extraordinary ability classification in the arts. The service center found one criterion met, and he claimed five more on appeal. The AAO found awards, membership, published material, judging and contributions unproven, so fewer than three criteria were satisfied and acclaim was not shown.

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.