Published AAO appeal decisions

Competitive ballroom dancer and instructor claimed extraordinary ability through three of ten criteria including awards, membership, and leading roles. AAO found only exhibitions criterion met; awards lacked national recognition, memberships were not from qualifying associations, and roles were not leading or critical. Appeal dismissed.

A trainer and former athlete competing for Mexico from 2002-2012 claimed extraordinary ability through five criteria, meeting three. The AAO affirmed three criteria met but dismissed the appeal because the totality of evidence did not establish sustained national or international acclaim required for top-tier athletes.

A literary nonfiction and business writer sought EB-1A extraordinary ability classification. The petitioner claimed seven criteria. The AAO found the petitioner satisfied none of the three required criteria, reversing the director's findings on membership and published material as unsupported by evidence of recognition by experts or publication in major media, and dismissed the appeal.

Traditional jewelry maker appeals EB-1A denial claiming five criteria. AAO found awards criterion not met (UNESCO Prize significance not established) and membership and published material criteria failed. Petitioner satisfied fewer than three criteria and lacked evidence of sustained national or international acclaim.

Karate athlete seeks EB-1A extraordinary ability classification based on national and international competition since age eleven. AAO held petitioner failed to meet threshold requirement of three evidentiary criteria. Membership claim lacked documentary support; published materials not in qualifying outlets; original contributions vague. Appeal dismissed without reaching final merits analysis.

Advertising senior account executive petitioned for extraordinary ability. Claimed five criteria; two were met (judging and leading role). Appeal dismissed because membership and high salary criteria were not satisfied. Only two criteria met; three required. Record lacked evidence of top-level sustained acclaim.

Assistant professor of chemistry sought extraordinary ability classification. Claimed five criteria; two met (judging, scholarly articles). AAO affirmed denial because petitioner failed to meet three-criterion threshold and lacked evidence of sustained national or international acclaim or elite standing in chemistry.

Gymnastics athlete and tumbling performer sought EB-1A extraordinary ability classification. Claimed major awards and at least three alternate criteria. AAO found only one criterion met, gold medals do not qualify as major awards, and overall evidence fails to demonstrate sustained acclaim or top-tier status required for the classification.

A wedding and event planning company founder and CEO sought EB-1A claiming seven criteria. AAO found membership criterion unmet because association requirements reflect employment qualifications not outstanding achievements. Judging criterion failed as voting on applications does not constitute judging work in field.

Acrobatic gymnastics performer and circus artist sought extraordinary ability classification. AAO dismissed, finding bronze medal at World Games does not qualify as major internationally recognized award, and only two of ten alternate criteria satisfied, insufficient for classification as individual of extraordinary ability.

Weightlifter claimed extraordinary ability based on world championship medals, team membership, published material about his work, original contributions, and high salary. AAO found he met awards and membership criteria but failed published material and original contributions. Did not reach final merits analysis because fewer than three criteria satisfied.

Computer scientist employed in data science seeking EB-1A extraordinary ability. AAO affirmed denial because applicant met only one of three required evidentiary criteria. Scholarly articles alone insufficient; no evidence of sustained national or international acclaim or top-tier field placement.

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.

Senior mobile applications developer claimed extraordinary ability via seven criteria. Failed membership, published material, judging, artistic display, and salary criteria. Did not reach leading role or original contributions claims. Record lacks sustained acclaim and top-tier status for developer.

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.

Firefighting technology general manager and company board chairman. Claimed membership in professional associations, original contributions via patents and contracts, and two additional criteria. AAO rejected memberships for requiring only experience rather than outstanding achievements, and original contributions for lack of demonstrated major significance or connection to patents.

Swimmer met three initial evidentiary criteria: awards, membership, and published material. However, on final merits analysis, AAO found petitioner lacked sustained national or international acclaim, failed to document complete competition record, showed no recent major achievements, and does not rank among small percentage at field's very top.

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.

Martial artist competing in international events sought EB-1A extraordinary ability. Petitioner claimed six criteria but satisfied none. The AAO found awards lacked national or international recognition, membership not based on expert judgment, published material insufficient, and judging role not demonstrated. Two additional criteria were not reached because the petitioner failed the initial three-criterion requirement.

A television presenter and actress sought extraordinary ability classification. Although satisfying the display criterion through television and fashion work, she met only one of three required criteria. The AAO affirmed dismissal due to insufficient evidence of sustained acclaim or top-tier standing in the field.

University professor and jurist self-petitioner claimed extraordinary ability in education. AAO reversed Director's findings on awards and judging, finding only scholarly articles criterion met. Since fewer than three criteria were satisfied, AAO dismissed appeal without reaching final merits determination.

Singer self-petitioner claimed extraordinary ability in performing arts. AAO found petitioner did not meet any three required initial criteria: awards lacked verifiable national or international recognition, association membership did not require outstanding achievements, and published material in Albanian outlets did not demonstrate substantial recognition.

An Uzbek traditional embroiderer sought EB-1A classification, claiming five criteria. The AAO found exhibitions established but rejected membership for lack of documented selection criteria, judging for absence of formal role, and original contributions for insufficient field recognition. Director found four criteria met but AAO disagreed, finding overall record lacks evidence of sustained acclaim.

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.