Published AAO appeal decisions

A palliative and home care nurse sought EB-1A classification but submitted a fraudulent academic article published in a fake journal. The AAO found willful material misrepresentation, withdrew findings on one criterion, and concluded the petitioner failed to meet the three-criterion threshold for extraordinary ability.

Medical health services manager seeks EB-1A extraordinary ability classification. AAO affirmed USCIS finding of four criteria met but held petitioner failed final merits determination; lacks career of sustained acclaimed work and evidence of recognition at very top of field.

Healthcare consultant and platform developer sought EB-1A extraordinary ability classification. AAO found he met minimum evidentiary criteria but did not demonstrate the sustained national or international acclaim and recognition required to place him among the small percentage at his field's top.

A veterinarian appealed motion to reopen extraordinary ability denial. The AAO dismissed the motion, finding no new facts warranting reopening. Though meeting three regulatory criteria at step one, the appellate decision properly found insufficient evidence of sustained acclaim and top percentage standing at step two.

A pediatric cardiologist seeks EB-1A extraordinary ability classification. SCOPS found only two criteria met; AAO reversed on published material, establishing three criteria. The threshold satisfied, AAO remands for final merits determination evaluating sustained national or international acclaim and whether petitioner ranks among the very top in the field.

A healthcare ethics and medical communication researcher in early-career stage seeks EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner had not established sustained national or international acclaim or demonstrated career of acclaimed work required for extraordinary ability.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.