Published AAO appeal decisions

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

Web developer and digital designer seeking EB-1A extraordinary ability classification. Petitioner claimed three evidentiary criteria but lacked documentary evidence for association membership. AAO held petitioner failed to meet minimum three criteria; even in aggregate, record does not support sustained national or international acclaim required; appeal dismissed.

An oil industry professional seeking EB-1A extraordinary ability classification claimed four criteria including awards, membership, original contributions, and leading role. The AAO dismissed, finding none met the standards; the honorary certificate and professional association membership lacked required recognition level, and employer contributions did not establish national acclaim.

A martial arts instructor claimed three EB-1A criteria: association membership, published material, and leading roles. The AAO found membership did not satisfy regulatory requirements, and with only three criteria claimed, failure of one prevented reaching the minimum threshold. Appeal dismissed without final merits analysis.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

The beneficiary is a boxer and trainer for whom an agent sought O-1A classification. The petitioner claimed membership, original contributions through comparable evidence, and high salary. The AAO dismissed the appeal because membership and contributions were not established, so three criteria were not satisfied, and it reserved the final merits.

Singer sought EB-1A extraordinary ability classification. AAO held she met only one of ten initial criteria (judging); failed to satisfy three-criterion threshold. Evidence of awards lacked international recognition, organizational memberships uncertified, published material articles improperly documented, and overall record failed to show sustained acclaim at field's top tier.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

Aquatic coach and instructor claiming EB-1A extraordinary ability in athletics. AAO affirmed denial, finding applicant failed to satisfy three required alternate criteria and lacks sustained national or international acclaim demonstrating extraordinary ability among the very top of field.

A security manager and fitness trainer claiming EB-1A extraordinary ability satisfied only one criterion (judging); failed to establish three or more required. AAO dismissed, finding insufficient evidence of national or international acclaim.

An assistant professor claimed extraordinary ability in academia. The AAO dismissed the appeal, finding she abandoned some claims and failed to overcome the director's determinations on awards, membership, publications, original contributions, and critical role.

Dentist/orthodontist seeks EB-1A extraordinary ability classification. Submitted evidence of awards, memberships, published materials, and original contributions to field. AAO held petitioner met only one of ten initial criteria (published material); minimum three required. Without major award, insufficient for extraordinary ability.

A global brand and marketing communications director sought extraordinary ability classification, initially claiming nine criteria. The AAO found only the leading or critical role criterion satisfied, others unmet or waived, so the three-criterion threshold was not reached and the appeal was dismissed.

A triathlete seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required evidentiary criteria: published materials and awards. She did not establish membership in elite associations or critical roles, and failed to demonstrate sustained national acclaim placing her in the small percentage at the very top of triathlon.

A choreographer sought EB-1A extraordinary ability classification. She claimed membership in Actors' Equity and published material criteria. The AAO found AEA membership does not require outstanding achievements and thus fails the membership criterion. Because fewer than three criteria were met, the AAO dismissed the appeal without reaching final merits.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

A jeweler self-petitioner claimed extraordinary ability under EB-1A, asserting four criteria including awards, membership, published material, and scholarly articles. The AAO upheld the service center's denial, finding no criterion met due to insufficient evidence of national or international recognition and lack of authentic documentation of the petitioner's extraordinary status.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.