Published AAO appeal decisions

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

An international program director and public policy analyst sought EB-1A classification, claiming nine evidentiary criteria. The service center accepted one; the AAO accepted a second, scholarly articles, but rejected the rest it analyzed and found no sustained acclaim or top-of-field standing, so the appeal was dismissed.

A Brazilian lawyer and prosecutor self-petitioned for EB-1A extraordinary ability. The AAO found petitioner met four criteria (judging, scholarly articles, leading roles, though not high salary). However, in the final merits determination, the AAO held the petitioner failed to demonstrate sustained national or international acclaim or elite status in the field.

A journalist from Kazakhstan with roles as poet, writer, and performer sought EB-1A classification. The AAO dismissed, finding she did not establish three of ten criteria: no major award, membership organizations lack required standards, and blog posts do not constitute scholarly articles. Threshold not met; final merits not reached.

A Kazakh law professor sought EB-1A classification as alien of extraordinary ability. Although meeting three evidentiary criteria—judging, scholarly articles, and high salary—the AAO affirmed SCOPS finding that the petitioner lacked sustained national or international acclaim necessary to demonstrate extraordinary ability at the highest level.

A law and policy specialist in technology law and AI ethics sought EB-1A classification. AAO found petitioner did not satisfy three of ten initial criteria including membership, published materials, original contributions, leading role, and high salary. Initial evidence threshold not met; final merits analysis not reached.

Legal researcher and lecturer in human rights law claimed six criteria; USCIS found four met. AAO affirmed four criteria were satisfied but held applicant failed final merits analysis, finding insufficient sustained acclaim and failure to demonstrate position among very top of field.