Published AAO appeal decisions

Forester self-petitioner claims extraordinary ability. Asserted awards and membership criteria. AAO found certificates of training completion do not constitute nationally recognized excellence awards, and professional licensing does not meet membership criterion. Aggregate evidence insufficient to show sustained national or international acclaim.

Postdoctoral researcher in life sciences claimed extraordinary ability under six criteria. The AAO found only two criteria possibly met, below the required three, and concluded the evidence failed to demonstrate sustained national or international acclaim at the very top of the field by 2007.

An engineer and power plant chief of operations sought EB-1A classification claiming membership, published material, original contributions, and commercial success. The AAO found the beneficiary failed all criteria: no qualifying membership, no published material about him, letters alone cannot establish original contributions of major significance, and no evidence he drove company revenue. Appeal dismissed.

A quality assurance manager in film restoration claiming extraordinary ability in rheology and civil engineering. The AAO upheld denial, finding no sustained national or international acclaim. Awards were outdated and for service, not excellence; membership criteria unestablished. Petitioner failed to demonstrate place among the very top.

A dulcimer player filed an EB-1A petition claiming extraordinary ability in the arts. The AAO affirmed denial, finding the single 1990 national award could not demonstrate sustained acclaim in 2006, and membership and judging evidence lacked sufficient documentation. The overall evidence showed past talent but not sustained national or international acclaim.

A journalist filed an EB-1A petition claiming extraordinary ability. The AAO dismissed the appeal, finding the petitioner failed to meet a major award threshold or three criteria: awards lacked national or international recognition, membership did not require outstanding achievement, and published material was authored rather than about the petitioner.

An employer-sponsored EB-1A petition for a beneficiary alleged three regulatory criteria: awards, membership, and judging. The AAO found the awards limited to students, membership based on standard requirements, and judging activity insufficient to demonstrate extraordinary ability at the very top of the field.

An artist self-petitioner claimed awards, membership, published material, and judging criteria. The AAO found no nationally or internationally recognized awards met the criterion; membership lacked outstanding achievement requirement; published materials lacked certified translations; and judging role did not indicate extraordinary acclaim.

An analytical chemist sought extraordinary ability classification in the sciences. Petitioner abandoned the membership criterion on appeal and did not meet awards, published material, or aggregate criteria. The AAO found the petitioner talented but not distinguished enough to demonstrate sustained national or international acclaim at the very top level. Petition denied.

A film or television professional sought extraordinary ability classification. Petitioner claimed three regulatory criteria. The AAO found awards limited to collegiate competitions inadequate, membership not based on outstanding achievement, and no published materials meeting the standard. The petition was denied as the petitioner failed to demonstrate sustained national or international acclaim at the very top of the field.

Professional baseball player seeking EB-1A. Claimed single award, Major League Baseball membership, and high salary. AAO found award temporally distant, membership based on employment rather than achievement, and salary documentation not temporally relevant. Overall evidence insufficient to show sustained national or international acclaim at the very top.

Filmmaker in Nepal seeking EB-1A extraordinary ability. Claimed awards, association memberships, and published material. AAO found awards and memberships did not meet regulatory criteria; published material insufficient. Overall evidence fails to demonstrate sustained national or international acclaim placing petitioner at very top of field.

Musician and teacher in China seeking EB-1A. Initially approved then revoked. Claimed awards and association memberships as musician and teacher. AAO found award shared among 53 recipients and memberships based on activity and dues rather than outstanding achievement. Overall evidence does not demonstrate sustained international acclaim at the very top.

Musician self-petitioner claimed extraordinary ability in arts. AAO dismissed appeal, finding petitioner failed to establish any criterion and lacked evidence of sustained national or international acclaim at the very top of her field.

Taekwondo competitor and coach self-petitioner claimed extraordinary ability in athletics. AAO affirmed denial, finding petitioner failed to establish any criterion and lacked sustained national or international acclaim at the very top of his field as competitor or coach.

A petitioner claimed EB-1A extraordinary ability based on competition awards, association lifetime membership, and published materials. The AAO dismissed, finding awards lacked documentation of national or international recognition, membership did not require outstanding achievement, the publication did not relate to his field work, and evidence did not show sustained acclaim.

A research scientist claimed EB-1A extraordinary ability in life sciences based on fellowship, association membership, publications, and guest speaking. The AAO dismissed, finding the fellowship undocumented, membership not based on outstanding achievement, publications routine to the field, no judging role, and insufficient evidence of sustained acclaim.

A scientist in the sciences claimed EB-1A extraordinary ability based on a university award, research grant funding, and association membership. The AAO dismissed, finding the award limited to university Ph.D. candidates and the grant designed for future research rather than recognizing achievement, membership not based on outstanding achievement, and evidence insufficient to show sustained national or international acclaim.

Folk singer petitioner claimed membership in entertainment association. AAO rejected membership criterion as not meeting standards requiring outstanding achievement judged by experts, and found overall evidence insufficient to demonstrate sustained national or international acclaim at the very top of her field.

Physicist petitioner self-represented and claimed membership in Sigma Xi and Optics Society of America, published material recognition, and judging role. AAO found membership requirements reflect research activity not outstanding achievement, publications not in major media, and no evidence of judging based on reputation.

Scientist in cell biology claimed extraordinary ability through professional awards and membership in scientific societies. AAO found petitioner did not establish sustained national or international acclaim at the top level, as awards were not nationally recognized and memberships did not require outstanding achievement.

Hypnotherapist and entertainer sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner failed to meet any of the regulatory criteria and did not demonstrate sustained national or international acclaim placing him at the very top of his field.

Researcher in sciences sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding that while withdrawing some director concerns, the petitioner failed to meet at least three regulatory criteria and did not demonstrate sustained national or international acclaim at the very top of her field.

Martial artist and Tai Chi coach sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner achieved success as a competitor decades earlier but failed to sustain acclaim through subsequent coaching work and did not demonstrate sustained national or international acclaim at the very top level.

Microbiologist filed self-petition seeking EB-1A extraordinary ability classification. Petitioner claimed at least three regulatory criteria including original contributions and scholarly articles. AAO dismissed appeal, finding petitioner failed to demonstrate sustained national or international acclaim at the very top of the field.