Published AAO appeal decisions

Biomedical researcher seeking EB-1A extraordinary ability met three criteria: judging, scholarly articles, and original contributions. Final merits determination found petitioner demonstrated sustained national acclaim and recognition in field, achieving level of expertise placing them among very top of field. Appeal sustained.

Self-petitioner computational research scientist sought EB-1A classification in sciences. AAO found awards, judging, and original contributions criteria not met. Published material and membership claims abandoned or not analyzed. Petitioner failed three-criterion threshold; appeal dismissed.

Self-petitioner, biomedical researcher, sought EB-1A classification. AAO sustained appeal, finding petitioner met three regulatory criteria: judging, scholarly articles, and original contributions of major significance. Final merits determination confirmed sustained national acclaim and expertise among top percentage in biomedical research.

An artist and businessperson sought EB-1A classification claiming multiple criteria. The AAO found published material insufficient, newspaper not major media, and original contributions lacking demonstrated major significance. Three criteria met not established.

A molecular virology research scientist sought EB-1A extraordinary ability classification. AAO held petitioner met only one of ten criteria (judging) and failed to establish one-time achievement, falling short of the three-criterion threshold for sustained national or international acclaim.

Self-petitioner in unspecified sciences field claimed extraordinary ability through awards, published material, judging, and original contributions. AAO upheld denial, finding petitioner failed to meet initial evidence threshold of three criteria. No qualifying evidence submitted under any criterion.

A pianist sought extraordinary ability classification in the arts after the service center denied the petition and dismissed a motion. The AAO dismissed the appeal, finding the award and contribution evidence insufficient, so fewer than three criteria were satisfied, and the overall record did not show sustained acclaim or top-of-field standing.

Fencing instructor and athlete sought EB-1A classification. Claimed awards, judging, and original contributions. AAO held awards must be petitioner's own, not coached athletes'; judging requires evidence of judgment exercised; petitioner failed to meet three-criterion threshold and thus extraordinary ability.

Table tennis player sought EB-1A classification. Claimed awards, membership, published material, and contributions. AAO held petitioner met only one criterion; post-filing ITTF ranking cannot overcome prior deficiencies; appeal dismissed for failure to brief specific legal errors.

Structural biologist met three criteria: judging, published materials, and original contributions. However, final merits determination found petitioner lacks sustained national or international acclaim and has not distinguished himself sufficiently to be among small percentage at very top of field. Appeal dismissed.

A neonatologist seeking extraordinary ability in sciences claimed three criteria including scholarly articles, contributions, and leading roles. The AAO summarily dismissed the appeal because the petitioner failed to identify erroneous conclusions and did not challenge the director's specific findings with substantive basis.

Instructional technology researcher sought extraordinary ability classification. Met two of ten required criteria: judging through peer review and scholarly articles. Decision held that contributions lacked major field-wide significance despite specialization in online distance education, failing to demonstrate sustained acclaim required for extraordinary ability.

Graphic and fashion designer sought EB-1A classification. Petitioner claimed three regulatory criteria: published material, leading role, and original contributions. AAO found evidence met all three criteria and that the aggregate evidence demonstrated sustained national or international acclaim and placed petitioner among the very top of the field. Appeal sustained.

Fashion producer claiming extraordinary ability in arts. Petitioner submitted peer reference letters describing work with leading companies and publications. AAO held contributions not of major significance to field as whole, limited to client work, and evidence did not demonstrate level of expertise required.