Published AAO appeal decisions

Ballroom dancesport competitor sought EB-1A extraordinary ability. Petitioner submitted evidence addressing three criteria: awards, association membership, and published media. AAO found awards from youth events, unqualified association membership, and outdated media coverage insufficient to establish sustained national or international acclaim.

Self-petitioner, handicapped marathon athlete, claimed extraordinary ability in athletics. AAO affirmed denial because petitioner failed to demonstrate sustained national or international acclaim through regulatory criteria, had only one award from 1986, and did not establish intent to work as athlete in United States.

Folk artist petitioner claimed extraordinary ability. Petitioner failed to submit evidence addressing regulatory criteria and did not respond adequately to director's request for documentation. AAO summarily dismissed appeal for lack of substantive arguments and insufficient evidence.

Scientist claimed EB-1A status as computational scientist based on patents, encyclopedia entries, and peer review work. AAO dismissed, finding awards academic only, memberships non-exclusive, self-published coverage inadequate, and contributions lacking major significance to demonstrate sustained national acclaim.

Statistician sought EB-1A classification based on dissertation prize, professional memberships, and citation record. AAO dismissed, finding academic awards limited to student competition, memberships non-exclusive, citations alone insufficient for three criteria, and overall evidence failing to demonstrate sustained national acclaim.

Self-petitioner sought EB-1A classification based on youth awards and association membership. AAO dismissed appeal, finding awards limited to local recognition, membership criteria unmet, and no published material in major media. Overall evidence insufficient to show sustained acclaim.

Market research analyst claimed EB-1A extraordinary ability in sciences or business. Petitioner submitted awards, memberships, and evaluation responsibilities but met no criteria. AAO found successful professional in Romania and valued employee in California but insufficient evidence of sustained national or international acclaim. Appeal dismissed.

Musician and musical director filed EB-1A petition claiming extraordinary ability. Petitioner met only two of ten required criteria. AAO found regional success and upward career trajectory but insufficient evidence of sustained national or international acclaim at very top of field. Appeal dismissed.

A pharmacokinetics reviewer at the FDA seeking extraordinary ability classification based on awards, membership, published material, peer review, and leadership roles. The AAO found only published work met criteria; other evidence was insufficient to establish sustained national acclaim warranting extraordinary ability classification.

A self-represented petitioner seeking extraordinary ability classification with insufficient documentation. The AAO found awards lacked recognition evidence, membership did not meet criteria, published material was inadequately documented, judging duties were not established as professional-level, and no evidence showed intent to continue work in the United States.

A Chinese acrobat claimed extraordinary ability in athletics and the arts. She submitted awards and association membership as evidence. The AAO found her awards lacked national recognition, her association membership required only experience not outstanding achievement, and no published materials existed. She failed to meet the three-criterion threshold and did not demonstrate sustained acclaim at the top.

Martial artist and instructor claiming extraordinary ability based on wushu competition awards, committee membership, and media articles. AAO found championship awards insufficient significance, membership criteria unsatisfied without official bylaws, articles not published in major media, and statement of intent to open training center lacked financing details. Appeal dismissed.

A registered somatic movement therapist claimed extraordinary ability in sciences. She submitted a dance scholarship, association certifications, and peer-review activities as evidence. The AAO found the scholarship insufficient, certifications did not prove outstanding achievement, no published materials existed, and teaching did not constitute judging. She failed to meet the three-criterion threshold.

Self-petitioner, a vegetable carver, sought EB-1A classification claiming awards, membership, and exhibitions. The AAO found petitioner met none of these criteria and did not achieve the sustained national or international acclaim necessary for extraordinary ability.

Pharmacokinetics reviewer at FDA sought EB-1A classification. The AAO found petitioner met only the scholarly articles criterion and failed to meet three required criteria. Evidence did not establish sustained national or international acclaim at the very top of the scientific field.

Visual artist claiming extraordinary ability based on local exhibitions, newspaper articles, and association participation. AAO found participation certificate not a top honor, membership criteria unsatisfied, published material limited to regional Spanish-language press without sustained coverage, and exhibitions insufficient for national reputation. Appeal dismissed.

A recreational and movement therapist self-petitioned for EB-1A extraordinary ability classification. Petitioner claimed awards, membership, published material, and judging criteria. AAO upheld director's denial, finding insufficient evidence of sustained national or international acclaim or status within the small percentage at the very top of the field.

An employer petitioned for O-1A classification of an endocrinologist for temporary three-year employment. The AAO held the beneficiary met only the membership criterion but failed to establish three criteria overall and lacked sustained national or international acclaim required for extraordinary ability.

A power lifter from Uruguay seeking EB-1A classification claimed extraordinary ability through awards, judging, and organizational roles. The AAO dismissed the appeal, finding only one criterion met and rejecting claims of leading role and sustained acclaim as personal trainer.

Self-petitioner seeks EB-1A classification as business person with extraordinary ability. Claimed awards, membership, published material, and leading role criteria. AAO rejected all criteria and concluded beneficiary is successful regional businessman without sustained national or international acclaim required for extraordinary ability classification.

Self-petitioner, a visual artist, claimed EB-1A extraordinary ability based on awards, membership, publications, and salary. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim at the very top of her field despite being a successful artist.

Counsel-represented postdoctoral researcher in sciences sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding insufficient evidence that petitioner achieved sustained national or international acclaim or ranked within the small percentage at the very top of his field.

Scientist with counsel representation claimed extraordinary ability in research on protein folding. AAO found valuable contributions but no sustained national or international acclaim demonstrating top-of-field status. Unsolicited evidence of major contributions absent. Appeal dismissed.

A development and publicity consultant and independent producer for television and film sought extraordinary ability classification, claiming eight criteria. The AAO accepted two as met but found the rest unmet, so fewer than three were satisfied. It also found no sustained acclaim or top-of-field standing, and dismissed the appeal.

Classical music promoter, self-petitioner, claimed five criteria for extraordinary ability. AAO found membership, published material, judging, exhibitions, and leading role criteria unsatisfied. Evidence insufficient to demonstrate sustained national or international acclaim at the very top level.