Published AAO appeal decisions

A cybersecurity interaction designer sought EB-1A extraordinary ability classification. He claimed original contributions and other criteria. The AAO found he met only two criteria (leading role and high salary), falling short of the three required. His design work lacked demonstrated major significance beyond employer products, and he failed to establish sustained acclaim for the classification.

A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.

Choreographer seeking EB-1A extraordinary ability classification in arts. Petitioner submitted evidence of exhibitions and claimed six additional criteria. AAO found only exhibitions criterion met; awards, membership, published material, and original contributions not established; appeal dismissed.

A Bangladeshi writer claimed extraordinary ability under EB-1A, asserting six regulatory criteria including awards, membership, published material, judging, and exhibitions. The AAO dismissed the appeal after finding willful misrepresentation of material facts through falsified news articles and determining the petitioner did not meet the required three criteria.

Visual artist seeking extraordinary ability classification. Director found three criteria met; AAO dismissed because petitioner failed to demonstrate sustained national or international acclaim and place among very top of field despite meeting initial evidentiary threshold.

Mental health nurse practitioner seeks EB-1A extraordinary ability classification. Claimed three evidentiary criteria: lesser awards, association membership, and original contributions. AAO dismissed, finding certifications do not constitute awards for excellence, no qualifying association memberships established, and insufficient evidence on original contributions after petitioner waived brief review.

Artist sought EB-1A extraordinary ability classification for studio and gallery work. AAO affirmed denial, finding petitioner met only one of ten required criteria and failed to demonstrate major award or sustained national or international acclaim at top of field.

Soccer coach with 20 years coaching experience sought EB-1A extraordinary ability classification based on five criteria. AAO affirmed denial, finding membership criterion unmet and other claimed criteria not sufficiently established, and concluding petitioner lacked sustained national or international acclaim required for extraordinary ability.

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability or top-tier status.

Chief executive in small business development seeking EB-1A extraordinary ability classification. Met two of ten regulatory criteria: judging and scholarly articles. AAO dismissed appeal because petitioner failed to meet three criteria required for EB-1A eligibility and did not demonstrate sustained acclaim or top-tier recognition.

Orthopedic and traumatology physician sought EB-1A extraordinary ability classification. AAO affirmed denial: petitioner satisfied judging and scholarly articles criteria but failed to satisfy three total criteria; published materials discussed medical topics rather than petitioner's work; lacked sustained national or international acclaim.

Professional surfer claims extraordinary ability in competitive surfing. Petitioner established two initial criteria but not the required three minimum. Awards criterion failed; team bronze medal did not constitute individual award. Membership criterion failed; no evidence organizations required outstanding achievements by recognized experts. AAO found insufficient evidence of sustained national or international acclaim to meet extraordinary ability standard.

Fire prevention specialist claimed extraordinary ability under EB-1A. Petitioner satisfied three criteria: membership, scholarly articles, and leading role. AAO held final merits prong failed: although respected locally and in capital city, petitioner lacked sustained national or international acclaim required; articles had limited impact; patents unproven in commercial production or significance.

A Nepali journalist sought EB-1A extraordinary ability classification based on nine criteria claims. The AAO found she did not satisfy the three-criterion threshold, finding no national or international recognition for her award, membership, published material, original contributions, or salary. Two additional criteria were claimed but not analyzed as the threshold failed.

Martial arts athlete appealed EB-1A denial. AAO affirmed that petitioner failed to meet three of ten regulatory criteria required as initial evidence, finding neither a major internationally recognized award nor sufficient qualifying alternate criteria established.

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

Medical researcher of rare diseases self-petitioned as EB-1A. Service center found only two of ten criteria met. AAO found original contributions of major significance criterion satisfied, withdrawing service center's contrary finding. However, because service center made no final merits determination on sustained acclaim, AAO remanded for full analysis of whether petitioner rises to very top of field.

A long-distance runner sought EB-1A extraordinary ability classification, claiming a major award and four criteria. The Director applied erroneous legal standards, dismissed media evidence without basis in regulation, and failed to review supplemental RFE evidence. AAO remanded for complete reconsideration.

Chess trainer seeking EB-1A extraordinary ability. Claimed four criteria; met only leading critical role as national team coach. Membership and judging claims failed; original contributions not analyzed. Failed three-criterion threshold and overall extraordinary ability standard. Appeal dismissed.

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

A marine biologist sought EB-1A extraordinary ability classification. The petitioner met judging and scholarly articles criteria but failed to satisfy three total criteria. Research citations were not shown to be unusually high, and work lacked demonstrated major significance in the field. Appeal dismissed because extraordinary ability sustained acclaim was not established.

Restaurant general manager with twenty-five years of experience sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish major award or meet three of ten regulatory criteria, particularly membership with demonstrated outstanding achievements, judging, and high salary comparable to field peers.

A medical doctor practicing medical malpractice litigation sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only one of ten criteria and lacked sustained national or international acclaim required to demonstrate extraordinary ability.

A showjumping horse groom claims EB-1A extraordinary ability. The AAO affirmed dismissal, finding the petitioner failed to meet three of ten criteria and lacks sustained national or international acclaim required for this highly restrictive classification intended for those already at the top of their field.

A costume designer for athletes and performers seeking EB-1A extraordinary ability classification. AAO dismissed the appeal, finding the petitioner met only one of ten evidentiary criteria (exhibitions) and failed to demonstrate the three-criteria threshold or sustained national or international acclaim required for extraordinary ability.