Published AAO appeal decisions

A Brazilian barbecue equipment manufacturer and CEO claimed seven EB-1A criteria. The AAO found he did not meet at least five of the claimed criteria, including membership and original contributions, and therefore failed to establish the required three criteria threshold.

Business consultant and CEO from Russia sought EB-1A extraordinary ability classification. The petitioner met two criteria: lesser awards and judging. The AAO rejected original contributions as merely disseminating others' work and found articles non-scholarly. Because the petitioner met only two of ten required evidentiary criteria, the AAO dismissed the appeal without reaching final merits.

A former judge seeks extraordinary ability classification based on judicial work in Armenia. The AAO found the petitioner met only the original contributions criterion and one criterion already accepted by the service center, falling short of the required three criteria. Appeal dismissed because threshold initial evidence requirements were not satisfied.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

A postdoctoral researcher sought extraordinary ability classification for work on emotional regulation and neural processing. The AAO dismissed the appeal, finding the petitioner satisfied only one of three claimed criteria and failed to establish either original contributions of major significance or qualifying judging experience.

A data scientist with a master's degree in software engineering claimed six evidentiary criteria for extraordinary ability. The AAO affirmed the service center's finding that she met only two criteria, judging and scholarly articles. She failed to establish that IEEE senior membership requires outstanding achievements or that her original contributions were of major significance. Without three satisfied criteria, the petition was dismissed without final merits review.

A research teaching specialist in cell biology claimed four EB-1A criteria: original contributions, judging, scholarly articles, and leading role. The AAO affirmed that original contributions and leading role were not met. With only two criteria established, the threshold of three was not satisfied. Final merits determination was not reached.

Ukrainian soccer coach claimed extraordinary ability and met three initial evidentiary criteria. AAO affirmed that the evidence did not demonstrate sustained national or international acclaim or that petitioner ranks among the very top in the field despite media coverage and training method adoption.

A business development coach from Colombia claimed extraordinary ability in social innovation and sustainable business. The AAO found he met only two of ten evidentiary criteria and did not satisfy the threshold requirement of three criteria, so dismissed without reaching the final sustained acclaim analysis.

An associate clinical professor in gastroenterology sought extraordinary ability classification. The AAO sustained the appeal, finding he met three regulatory criteria through judging, original contributions, and scholarly articles with high citations. The final merits determination found sustained national and international acclaim in inflammatory bowel disease research with extensive recognition.

Postdoctoral research associate in molecular biology seeking EB-1A extraordinary ability claimed three criteria; met two (judging, scholarly articles). AAO dismissed appeal, holding petitioner failed to establish original contributions of major significance required by regulatory threshold, thus failing to meet three required criteria.

Abdominal radiology researcher claimed extraordinary ability. Met three evidentiary criteria: judging, scholarly articles, original contributions. AAO held she failed to demonstrate sustained national or international acclaim or top-tier status despite meeting initial criteria; citation record and peer reviews insufficient.

A hip-hop artist, music producer, and model from Russia sought EB-1A classification. The AAO confirmed three criteria met: awards, published material, and commercial success. However, the final merits determination found the totality of evidence insufficient to establish sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

A biomedical textiles and materials engineer seeks extraordinary ability classification. Met two of ten initial evidence criteria regarding salary and commercial success but failed membership and original contributions prongs. Decision held that meeting only two criteria does not satisfy the threshold initial evidence requirement; final merits analysis was reserved.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.

Surveyor seeking EB-1A for extraordinary ability in geodetic and survey networks. Met judging and scholarly articles criteria. AAO affirmed SCOPS finding that original contributions and leading critical roles criteria unmet. With only two criteria satisfied, threshold not reached; final merits determination declined.

Cybersecurity and Internet of Things researcher met initial three-criterion threshold but failed final merits determination. AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work at field's top.

A policy researcher and advisor claimed seven evidentiary criteria for EB-1A extraordinary ability classification. SCOPS denied without adequately explaining why submitted evidence failed to meet each criterion. The AAO remanded because the decision lacked specific reasoned analysis of the extensive documentation provided, denying the petitioner fair opportunity to contest the denial.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

Software engineer claimed five criteria for extraordinary ability. AAO found three criteria met: judging, original contributions (patent), and scholarly articles. However, final merits determination concluded petitioner lacks sustained national or international acclaim; patent represents employment duty, not independent achievement. Appeal dismissed.

A teacher self-petitioned for extraordinary ability classification (EB-1A). She claimed seven criteria including membership, judging, original contributions, authorship, leading role, and high salary. The AAO found none met: membership did not require outstanding achievements, original contributions lacked significance, article was not in major publication, and role was not critical at a distinguished organization.

Advanced data scientist seeking EB-1A classification claimed four criteria; three were met. AAO found three criteria satisfied the initial requirement but held that totality of evidence did not establish sustained national or international acclaim, top-tier status, or career of acclaimed work required for extraordinary ability.

Animal science postdoctoral researcher claimed six criteria for extraordinary ability. Service center found only scholarly articles criterion met. AAO affirmed that petitioner satisfied only one criterion, not the required three, and dismissed appeal. Work lacks sustained national or international acclaim at top of field.

A director of product compliance at a school bus manufacturer sought extraordinary ability classification. The service center found only a high salary criterion met, and he claimed five more on appeal. The AAO found memberships, published material, contributions and scholarly articles unmet, leaving fewer than three criteria, and dismissed the appeal.

A tattoo artist self-petitioned for EB-1A extraordinary ability. The AAO found two of three required initial criteria met: lesser awards and artistic exhibitions. However, the final merits analysis concluded the totality of evidence did not demonstrate sustained national or international acclaim required for extraordinary ability status.