Published AAO appeal decisions

A business development manager claimed extraordinary ability in sciences and business. The AAO found awards were presented too long ago, the membership claim lacked certified translation and demonstrated no outstanding achievement requirement, judging evidence was untranslated, and letters from supervisors could not establish major contributions beyond direct colleagues. Petitioner met fewer than three criteria.

Aerospace engineer claimed extraordinary ability in sciences. Submitted evidence of scholarship award, professional membership, authored works, publications, organizational role, and salary. AAO found petitioner failed to meet three required criteria; scholarship had multiple winners, membership lacked outstanding achievement requirement, scholarly work not documented, salary not shown as high. Appeal dismissed.

Artist sought EB-1A extraordinary ability classification. Petitioner claimed awards, membership, and published materials criteria. AAO found awards were local, not national or international; membership criteria not met; biographical notices did not satisfy published materials requirement; overall evidence insufficient for sustained top-level acclaim.

A self-represented scholar in Buddhist and philosophical studies sought extraordinary ability classification, claiming awards, memberships, published material, judging and a leading role. The AAO agreed with the director that none of five criteria was met, since awards and memberships were not selective and the publication was self-founded, so acclaim was not shown.

Self-petitioner claims extraordinary ability as a contractor or furniture maker. Submitted employment letters, certificates, and trade registrations. AAO found guild memberships and work experience insufficient to demonstrate sustained national or international acclaim or position at very top of field.

Competitive bodybuilder sought extraordinary ability classification. AAO found claimant failed awards, membership, published material, and original contributions criteria. Evidence demonstrated athletic talent but not sustained national or international acclaim above the small percentage at the very top of the field.

A self-represented artist sought extraordinary ability classification, claiming awards, membership, published material, exhibitions, a leading role and high salary. The AAO dismissed the appeal because no major award or three criteria were shown, and also found no evidence of intent to continue working in the United States.

Fashion designer from China sought EB-1A classification based on achievements during 1990s and after 2000 entry. AAO found petitioner failed to meet three criteria with documentary evidence and lacked sustained acclaim within United States. Appeal dismissed.

Self-represented artist claims extraordinary ability through awards, membership, exhibitions, and salary. AAO found awards provincial only, membership inadequate, exhibitions insufficient, and salary unexceptional. Record did not demonstrate sustained acclaim or top-tier status since entering United States in 1999.

Distance runner petitioned for EB-1A extraordinary ability in athletics. Claimed awards, team membership, published material, and judging. AAO found race participation local only, team membership criteria unmet, articles not featured or in major media, judging unsubstantiated. Appeal dismissed.

Self-represented petitioner sought EB-1A extraordinary ability classification. Claimed awards and association membership. AAO found awards lacked documentation of significance and association membership did not require outstanding achievement. Also noted no evidence of intent to continue work in field. Appeal dismissed.

Research associate in environmental science filed for EB-1A extraordinary ability, claiming one award and publication record. AAO found one award criterion minimally met but rejected five other criteria as lacking national or international significance. Overall evidence insufficient to establish elite status.

Dance instructor and competitive dancer self-petitioner claimed extraordinary ability under EB-1A. AAO found evidence insufficient: awards from amateur competitions lack national recognition, coached dancers won only regional competitions, and published material was limited to local interviews. Appeal dismissed.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

A poet seeks EB-1A as an alien of extraordinary ability in the arts. The petitioner claimed awards, membership, published material, and scholarly articles. The AAO affirmed dismissal because the petitioner failed to establish any criterion and showed only talent, not sustained national or international acclaim at the very top level.

A research scientist claims EB-1A extraordinary ability in the sciences. The petitioner asserted awards, membership, publications, original contributions, scholarly articles, leading role, and salary criteria. The AAO affirmed denial because none demonstrated the sustained national or international acclaim required to show she reached the very top of her field.

Counsel represented Chinese Peking Opera actor claiming extraordinary ability. Failed to meet three required criteria: awards lacked official documentation, membership was local-level only, and critical role unproven. Additionally, no evidence of continued work in expertise area or prospective employment plans required by regulation.

A power lifter from Uruguay seeks EB-1A classification as a personal trainer. The petitioner claimed awards, membership, published material, judging, and leading role. The AAO affirmed dismissal because the petitioner met none of the three criteria required and showed no sustained national or international acclaim in the claimed field.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

Taekwondo instructor beneficiary sought O-1A nonimmigrant visa for extraordinary ability in athletics. Petitioner claimed three criteria: awards, association membership, and judging experience. AAO dismissed, finding awards were regional not national, membership claim unsubstantiated, and judging criterion unmet; fewer than three criteria satisfied.

Cook sought EB-1A extraordinary ability classification. Petitioner claimed awards, membership, judging experience, and exhibitions. AAO found early awards lacked sustained acclaim, membership and judging criteria not met, and exhibitions not demonstrated at exclusive national venues. Record also lacked evidence of intent to continue work in United States.

Performing artist seeking EB-1A extraordinary ability classification. Petitioner submitted awards, association memberships, and performance evidence. AAO found no criteria met; awards lacked national documentation, memberships did not show outstanding achievement, performances were not centerpiece of major productions, and no evidence of intent to continue work in United States.

CEO claiming extraordinary ability in business submitted evidence of local company rankings, association membership, software development, and executive compensation. AAO found only one criterion met, concluding the applicant showed talent but lacked sustained national or international acclaim required for top-tier classification.

A Chinese acrobat claiming extraordinary ability in athletics and arts submitted evidence of local awards, association membership, and performances. AAO found no criterion met, determining awards lacked national or international recognition and membership did not require outstanding achievement.

An assistant research professor claiming extraordinary ability in sciences submitted evidence of research grants, IEEE membership, and peer review duties. AAO found only one criterion minimally met and dismissed appeal, concluding applicant showed talent but lacked sustained top-tier national or international acclaim.