Published AAO appeal decisions

Business executive and company founder in China claimed six evidentiary criteria for extraordinary ability. AAO found one criterion met but concluded petitioner failed to satisfy the three-criterion threshold and lacks sustained national or international acclaim required for EB-1A classification.

Investment firm petitioned for investment banking executive beneficiary claiming six criteria. AAO found at most one criterion met and rejected the director's published material finding, concluding petitioner failed to establish extraordinary ability or the three-criterion threshold.

A businessperson sought extraordinary ability classification claiming membership in associations requiring outstanding achievements. The AAO found willful misrepresentation of material facts regarding association memberships through altered translations and falsified documents, dismissed the appeal on withdrawal, and entered a separate finding of material misrepresentation affecting future admissibility.

A business executive in the energy industry sought extraordinary ability classification, claiming to rank among top corporate executives worldwide. The Director found only the leading or critical role criterion met. The AAO dismissed the appeal because membership and published material were not established and the record lacked sustained acclaim at the top of the field.

Administrative services manager claimed extraordinary ability under EB-1A. AAO dismissed motions to reopen and reconsider because petitioner failed to provide new evidence timely, did not demonstrate erroneous application of law, and did not establish any of the eight evidentiary criteria.

Project commercial manager in rail transportation claims extraordinary ability. AAO found judging evidence lacks specificity and documentation. Final merits analysis shows work on high-profile projects insufficient to establish sustained national or international acclaim at field's top.

SAP planning specialist employed by biopharmaceutical manufacturer claimed four additional criteria beyond two initially found met. AAO rejected awards, membership, and high salary findings; rejected final merits step finding insufficient sustained acclaim or position at top of field.

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.