Published AAO appeal decisions

Composer and singer self-petitioner claiming extraordinary ability sought EB-1A. Claimed five criteria but did not address director's rejection on appeal, waiving the issue. Director found evidence insufficient for all claimed criteria. AAO also found material fraud: falsified award certificate and fabricated film project with falsified supporting documents. Appeal dismissed for failure to meet criteria threshold and willful misrepresentation.

A software engineer, sponsored by an AI and language technology company, sought extraordinary ability classification, with five criteria claimed. The AAO dismissed the appeal, finding original contributions not shown to be of major significance, declining to reach two further claimed criteria, and noting the record did not show sustained acclaim.

Business executive sought EB-1A extraordinary ability classification. Petitioner claimed published material, original contributions, and high salary criteria. AAO found published material and leading role criteria met but original contributions lacked field-wide impact and salary evidence was unreliable. Appeal dismissed for failing minimum three-criterion threshold.

Swimmer and multisport athlete sought EB-1A extraordinary ability classification in athletics. AAO dismissed appeal because petitioner met only two of three required evidentiary criteria and failed to demonstrate sustained national or international acclaim; recognition limited to Ukrainian competitions and one long-distance swim approximately ten years before petition.

Dressage rider and trainer with over twenty years' experience competing and instructing. Established two criteria: awards and published material. AAO found original contributions did not meet field-wide significance threshold and declined to reach leading role criterion. Record lacks evidence of sustained acclaim necessary for extraordinary ability classification.

Printing equipment manufacturer with research focus on UV LED printing technology seeks EB-1A extraordinary ability. Claims six criteria including membership, published material, original contributions, and scholarly articles. AAO finds only two criteria met (published material and scholarly articles); business sales and product certifications lack independent evidence of major significance; articles largely marketing content not independent media coverage.

An aromatherapist seeking EB-1A extraordinary ability classification claimed six criteria. The AAO found she did not meet the three-criterion minimum. The decision concluded her work does not demonstrate sustained national or international acclaim required for this highly restrictive classification.

A cybersecurity interaction designer sought EB-1A extraordinary ability classification. He claimed original contributions and other criteria. The AAO found he met only two criteria (leading role and high salary), falling short of the three required. His design work lacked demonstrated major significance beyond employer products, and he failed to establish sustained acclaim for the classification.

Choreographer seeking EB-1A extraordinary ability classification in arts. Petitioner submitted evidence of exhibitions and claimed six additional criteria. AAO found only exhibitions criterion met; awards, membership, published material, and original contributions not established; appeal dismissed.

Mental health nurse practitioner seeks EB-1A extraordinary ability classification. Claimed three evidentiary criteria: lesser awards, association membership, and original contributions. AAO dismissed, finding certifications do not constitute awards for excellence, no qualifying association memberships established, and insufficient evidence on original contributions after petitioner waived brief review.

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability or top-tier status.

Chief executive in small business development seeking EB-1A extraordinary ability classification. Met two of ten regulatory criteria: judging and scholarly articles. AAO dismissed appeal because petitioner failed to meet three criteria required for EB-1A eligibility and did not demonstrate sustained acclaim or top-tier recognition.

A gender, diversity, and inclusion specialist sought EB-1A extraordinary ability classification. She met the initial evidence threshold but failed to establish sustained national or international acclaim. She performed critical roles for organizations but lacked evidence of major contributions to the broader field or recognition as among the very top in her field.

A business professional in enterprise resource planning software sought EB-1A extraordinary ability classification. He claimed judging, original contributions, high salary, and commercial success criteria. The AAO found his mentoring did not constitute judging, his patented chatbot lacked field-wide significance compared to major competitors like Siri and Alexa, and he satisfied only one criterion, failing the threshold.

Biochemistry lecturer seeking EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. Published material claim failed; articles lacked major media status. Original contributions not established as major significance. Failed three-criterion threshold and extraordinary ability standard. Appeal dismissed.

Machine learning software executive seeks EB-1A extraordinary ability classification. AAO upheld denial because petitioner failed to establish three initial evidentiary criteria. Evidence of awards, original contributions, and scholarly impact insufficient due to lack of documentation and independent recognition.

Self-petitioner film director and producer sought EB-1A extraordinary ability classification. AAO found only one of six required criteria met. Evidence of awards, original contributions, exhibitions, and critical roles was insufficient or unsupported. Record lacks evidence of sustained national or international acclaim required for the classification.

A Nepali journalist sought EB-1A extraordinary ability classification based on nine criteria claims. The AAO found she did not satisfy the three-criterion threshold, finding no national or international recognition for her award, membership, published material, original contributions, or salary. Two additional criteria were claimed but not analyzed as the threshold failed.

Martial arts athlete appealed EB-1A denial. AAO affirmed that petitioner failed to meet three of ten regulatory criteria required as initial evidence, finding neither a major internationally recognized award nor sufficient qualifying alternate criteria established.

Technology engineer and entrepreneur seeking EB-1A classification claimed published material, original contributions, and leading roles at distinguished companies. AAO found three criteria met and confirmed sustained national and international acclaim and recognition, placing petitioner in small percentage at top of field.

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.

Medical researcher of rare diseases self-petitioned as EB-1A. Service center found only two of ten criteria met. AAO found original contributions of major significance criterion satisfied, withdrawing service center's contrary finding. However, because service center made no final merits determination on sustained acclaim, AAO remanded for full analysis of whether petitioner rises to very top of field.

A long-distance runner sought EB-1A extraordinary ability classification, claiming a major award and four criteria. The Director applied erroneous legal standards, dismissed media evidence without basis in regulation, and failed to review supplemental RFE evidence. AAO remanded for complete reconsideration.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

A researcher in molecular biology claimed extraordinary ability. AAO affirmed that petitioner met judging and scholarly articles criteria but failed original contributions. With only two of three required criteria met, the petition was dismissed. Petitioner did not demonstrate sustained national or international acclaim or placement at very top of field.