Published AAO appeal decisions

An employer sponsored a radiation oncology physician for EB-1A extraordinary ability. The beneficiary met judging and scholarly articles criteria but failed membership and published material criteria. Original contributions not shown to have major significance. Extraordinary ability sustained acclaim was not established. Appeal dismissed.

A radiologist seeking EB-1A extraordinary ability classification met the threshold evidentiary criteria but failed the final merits determination. The AAO found that while the petitioner demonstrated substantial accomplishments and institutional affiliations, the evidence did not establish sustained national or international acclaim at the very top of nuclear medicine.

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Weight loss center operator sought extraordinary ability classification. Met only one of four claimed criteria. AAO found insufficient evidence of sustained national or international acclaim or demonstration of career of acclaimed work in health and wellness field.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.

A medical consultant and former hospital department director in China claimed extraordinary ability through publications, citations, and peer review. The AAO found she met only two of ten criteria and dismissed the appeal, concluding her work did not demonstrate the sustained national or international acclaim required for extraordinary ability classification.

A surgical ophthalmologist sought extraordinary ability classification, initially claiming seven criteria. The director accepted judging and scholarly articles. The AAO agreed on judging, found the award and original contributions claims unproven, treated membership and salary as waived, and concluded the evidence did not show sustained acclaim, dismissing the appeal.

A cardiovascular diseases fellow sought extraordinary ability classification. He met judging and scholarly articles criteria but failed to establish three criteria minimum. His original contributions lacked demonstrated major significance despite publications and citations; his leading role claims lacked specificity. Appeal dismissed for insufficient evidence of top-tier acclaim.

An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was dismissed.

Self-petitioner oncologist seeking EB-1A extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal, finding original contributions criterion not satisfied and insufficient evidence of sustained acclaim or top-tier recognition in medical field.

A radiologist self-petitioner claimed seven EB-1A criteria. The AAO found three criteria satisfied: judging, scholarly articles, and high salary. The AAO rejected membership, original contributions, and leading critical role as not meeting the standard. The petitioner lacked sustained national or international acclaim required for extraordinary ability.

Assistant professor of anesthesiology sought EB-1A extraordinary ability classification. Met judging criterion but failed three others. Published material did not qualify; original contributions, though evidenced by modest citations and presentations, lacked major significance; leading role unsupported; evidence did not demonstrate elite status. Appeal dismissed.

Self-petitioner orthodontist, researcher and educator seeking EB-1A extraordinary ability met two of three required criteria. The AAO dismissed, finding petitioner satisfied only judging and scholarly articles criteria; original contributions criterion not met because citation figures and impact on clinical practice were insufficient to demonstrate major significance.

A physician self-petitioner claimed eight EB-1A criteria. The AAO found only two criteria met: judging and scholarly articles. Original contributions lacked major significance; leading/critical role failed to show distinction. On final merits, the AAO found no sustained national or international acclaim; upward career trajectory insufficient for top-tier status.

An obstetrics and gynecology physician sought EB-1A classification. The AAO found only two criteria met (judging and scholarly articles), below the three-criterion threshold. Awards and published material claims failed due to lack of national or international recognition, and original contributions were not established.

Orthopedic surgeon specializing in shoulder repair seeking EB-1A extraordinary ability classification. Claimed five criteria including original contributions and scholarly articles. AAO affirmed denial, finding petitioner met only two of three required criteria; original contributions lack evidence of major significance, and overall record does not demonstrate sustained national or international acclaim required for classification.

Pediatric intensivist in Saudi Arabia sought extraordinary ability classification. Met two criteria (judging, scholarly articles). Awards were institutional only; original contributions lacked evidence of major field significance. Appeal dismissed as fewer than three criteria satisfied.

Anesthesiologist seeking EB-1A classification. Met judging and scholarly articles criteria but not original contributions; citations insufficient to establish major significance. Leading critical role not reached. AAO dismissed, finding petitioner failed to meet three criteria threshold and lacked sustained acclaim at field top.

A surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.

A chiropractor practiced in Australia, Singapore, and the United States. She claimed four criteria but met only one: leading critical role. The AAO found published material articles were not about her, original contributions lacked demonstrated major significance beyond her own charitable foundation, and salary evidence showed potential rather than past earnings. Appeal dismissed.

Social services organization petitioned for O-1A nonimmigrant visa for traditional Chinese medicine practitioner and acupuncturist. Beneficiary claimed four criteria but satisfied only one. AAO affirmed denial, finding no major award and fewer than three criteria met; insufficient for O-1A eligibility.

A traditional Chinese medicine physician sought EB-1A extraordinary ability classification. The AAO found the petitioner satisfied only two criteria: judging and scholarly articles. The petitioner claimed three additional criteria but failed to demonstrate they were met. The AAO dismissed the appeal, finding the petitioner did not meet the required threshold of at least three criteria.

Internal medicine physician claimed extraordinary ability in sciences. Met two criteria (judging and scholarly articles) but failed to meet three-criterion threshold. Original contributions lacked major significance; leading role not demonstrated at distinguished organization. Aggregate review found insufficient expertise.

A staff physician claimed extraordinary ability in medicine under EB-1A. The AAO found he met only two criteria: judging and scholarly articles. His claims for membership, original contributions, and critical role were rejected as insufficient. Appeals dismissed because three criteria required.