Published AAO appeal decisions

Veterinarian and laboratory head sought EB-1A classification on self-petition. Claimant submitted evidence of VPAP award, professional memberships, conference paper presentation, and board certification. AAO found award criteria reflected service length rather than excellence, memberships lacked outstanding achievement requirement, and no comparative salary documentation provided.

Physician petitioner claimed extraordinary ability but failed to meet three regulatory criteria: awards, membership, and published material. AAO found no sustained national or international acclaim at field top and dismissed appeal; employment gaps and lack of U.S. licensure further weighed against EB-1A eligibility.

Postdoctoral researcher in sciences claimed extraordinary ability under awards, membership, and published material criteria. AAO found petitioner met one criterion (membership in Sigma Xi and ASBMB) but failed to meet required threshold of at least three criteria. Evidence showed postdoctoral talent but insufficient to demonstrate sustained national or international acclaim at very top of field.

Television director in noncommercial television claimed extraordinary ability under seven criteria including major awards, PGA membership, and original contributions. AAO found petitioner did not receive major internationally recognized award and PGA membership did not meet criterion. Evidence insufficient to demonstrate sustained national or international acclaim at very top of field.

Comic book author claimed extraordinary ability but failed to establish sustained national or international acclaim. AAO found local awards, inappropriate association membership, and limited-circulation publications insufficient. Evidence did not show petitioner at very top of field.

Self-represented petitioner claimed extraordinary ability but failed to meet award and membership criteria. Awards lacked substantiation and were received over a decade before filing, failing to establish sustained acclaim. No evidence of three regulatory criteria met.

Business professional claimed extraordinary ability in business through awards and membership criteria. AAO found NBIA Incubator Innovation Award insufficient due to limited scope and newness, membership criterion unmet, and overall evidence failing to demonstrate sustained national or international acclaim at the very top.

A self-petitioner dance instructor claimed extraordinary ability through awards, membership, and published material. The AAO found awards from youth events insufficient, membership requirements did not reflect outstanding achievement, and published material lacked proper documentation. Overall evidence did not demonstrate top-level sustained acclaim.

A gymnastics competitor and coach sought EB-1A classification. The petitioner was denied because she could not establish sustained national or international acclaim. Her athletic achievements ended in 1999, and her coaching record—with athletes placing fifth—did not evidence top-tier expertise. At least three criteria were unmet.

Kickboxer sought EB-1A classification. Petitioner claimed awards and association membership criteria. AAO rejected awards as insufficiently recent or nationally recognized, and found association membership did not require outstanding achievement. Overall evidence insufficient to show extraordinary ability.

Project management professional sought EB-1A classification through employer petition. Petitioner claimed awards and professional association membership. AAO found awards lacked national or international recognition and membership did not reflect outstanding achievement. Evidence insufficient for extraordinary ability.

A Georgian folk singer and choirmaster self-petitioner claimed EB-1A extraordinary ability in the arts. He asserted five criteria: awards, membership, judging, original contributions, and high salary. The AAO found none met and concluded his work with Ensemble Kutaisi, while moderately successful, did not establish top-level sustained acclaim.

A pianist applied for EB-1A extraordinary ability classification. She claimed three criteria: lesser awards, membership, and published material. The AAO found each criterion not met and concluded the evidence did not establish sustained national or international acclaim at the very top of music performance.

A swimmer sought EB-1A extraordinary ability in athletics. The AAO found the petitioner met the membership criterion via Russian national team participation but withdrew director's finding on awards after noting post-filing awards were ineligible. Overall, evidence of moderate success did not establish sustained international acclaim at the very top, dismissing the appeal.

A scientist in psychophysiology self-petitioned for EB-1A extraordinary ability. She claimed four regulatory criteria but the AAO found she did not meet the awards or membership criteria, and letters of recommendation alone could not establish leading role. The AAO dismissed the appeal because the petitioner failed to demonstrate sustained national or international acclaim at the very top of her field.

A dance troupe performer and musical director in Filipino folk music sought EB-1A classification. AAO held he failed to meet the awards criterion through certificates and scholarships, did not establish qualifying membership requirements, and lacked evidence of sustained acclaim at the very top of the field.

HIV/AIDS researcher filed self-petition claiming extraordinary ability. Petitioner claimed awards, membership, and published material criteria. AAO found petitioner met only one criterion; three required. Appeal dismissed because petitioner failed to establish sustained national or international acclaim at top level.

Chinese opera stage designer and performer petitioner claimed awards, association membership, and published material recognition. AAO found awards lack national or international recognition standards, membership criteria not met, and photograph appearance without name insufficient to establish published material criterion.

Self-petitioner software developer claimed extraordinary ability under EB-1A based on membership, published material, judging, and salary. AAO dismissed, finding petitioner did not meet three criteria and lacked sustained national or international acclaim at the top of the field.

Orienteering athlete and trainer claimed extraordinary ability in athletics. AAO found team membership satisfied one criterion but past competitive achievements lacked sustained acclaim. No evidence of continued recognition in decade before filing.

Self-petitioner in athletics sought EB-1A extraordinary ability classification based on karate victories and training. AAO found one criterion met but insufficient evidence of national or international sustained acclaim or top-tier status, dismissing appeal.

Head horse trainer and jumper petitioner claimed extraordinary ability under EB-1A. AAO held petitioner failed to meet three regulatory criteria through objective evidence and instead relied excessively on expert letters. Achievements did not demonstrate sustained national or international acclaim at very top level. Appeal dismissed.

Dance professional and promoter sought EB-1A classification in arts. Claimed awards and membership criteria through scholarship, certificates, and dance troupe affiliation. AAO found these do not meet extraordinary ability standard. Overall record shows past talent but insufficient evidence of sustained acclaim at very top level.

Biomedical researcher in sciences claimed extraordinary ability based on grants, memberships, contributions, and publications. AAO affirmed denial despite finding two criteria met, holding that meeting multiple criteria alone does not establish sustained national or international acclaim required for top of field.

Lacquer painter claiming extraordinary ability under EB-1A. Petitioner submitted evidence of local award, association membership, and published materials. AAO found award lacked national or international recognition, membership did not require outstanding achievement, and published material was not primarily about petitioner or in major media. Appeal dismissed.