Published AAO appeal decisions

A research scientist claims EB-1A extraordinary ability in the sciences. The petitioner asserted awards, membership, publications, original contributions, scholarly articles, leading role, and salary criteria. The AAO affirmed denial because none demonstrated the sustained national or international acclaim required to show she reached the very top of her field.

A researcher counsel-represented beneficiary claimed EB-1A based on awards, membership, and publications. The AAO dismissed the appeal, finding she failed to demonstrate at least three criteria and lacked sustained national or international acclaim placing her at the very top of her field.

Researcher in sciences claimed three criteria for EB-1A extraordinary ability. AAO found none met: grants are not awards, citations alone do not prove acclaim, and judging one dissertation does not demonstrate preeminence. Evidence showed talent but not top-tier sustained acclaim.

Scientist claimed three criteria for EB-1A extraordinary ability. AAO rejected all: old awards lack sustained character, citations do not prove acclaim, and judging one dissertation is insufficient. Record shows competent contributions but fails to establish top-tier status.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner met two of ten criteria: published material and scholarly articles. However, the AAO found the evidence insufficient to establish sustained national or international acclaim or placement at the very top of the field. Appeal dismissed.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner claimed to meet six criteria but the AAO found none met. Awards lacked significance, membership criteria not satisfied, citations insufficient, peer review routine, original contributions undemonstrated, and scholarship evidence post-dated filing. Appeal dismissed.

A scientist in water resources and environmental management claimed extraordinary ability through multiple criteria. The AAO found peer review and conference presentations met two criteria but rejected the petition because the evidence overall did not demonstrate sustained national or international acclaim placing the petitioner at the very top of the field.

Employer-sponsored biomedical researcher claimed six criteria for EB-1A extraordinary ability. AAO found two criteria met but required three, concluding petitioner failed to establish sustained national or international acclaim at the top level of the field.

A scientist studying TRK proteins and protein folding sought EB-1A classification. She claimed multiple regulatory criteria based on academic honors, publications, and research contributions. The AAO found her academic honors insufficient, publications lacked evidence of widespread citation outside support letters, and her work, though valuable, did not demonstrate sustained national or international acclaim at the very top level required for extraordinary ability.

A self-petitioner researcher in life sciences sought EB-1A classification based on extraordinary ability. The AAO found she did not meet three or more regulatory criteria required to demonstrate sustained national or international acclaim and that the evidence collectively did not show she had risen to the very top of her field despite demonstrable skill and promise.

A physician and cardiovascular researcher claiming extraordinary ability in sciences. Petitioner presented awards, editorial work, and leadership positions. AAO found awards too old, editorial role predated filing by a decade, and professional duties were routine for the occupation, failing to demonstrate sustained national or international acclaim.

A self-petitioner researcher in materials science sought EB-1A classification. The AAO affirmed dismissal, finding significant flaws in the director's reasoning but upholding the conclusion that the petitioner did not meet three required criteria, including through patents and recommendation letters, to demonstrate sustained national or international acclaim.

A research scientist in biophysics claiming extraordinary ability in sciences. Petitioner claimed to meet awards, membership, published material, and judging criteria. AAO found no major award, membership did not require outstanding achievements, citation record insufficient, and peer review work not documented to required standard. Appeal dismissed; extraordinary ability not established.

Orthopaedics researcher claimed extraordinary ability in sciences. Decision found petitioner accomplished but lacking sustained national or international acclaim at field's top. Multiple regulatory criteria not met; insufficient documentation of major contributions.

Molecular biologist claims extraordinary ability through NIH grant, recommendation letters, and publications in HIV and cancer research. AAO found valuable contributions insufficient to demonstrate sustained acclaim placing her at field's very top.

Research scientist with NSF funding and academic appointment claiming extraordinary ability. Submitted expert witness letters and job offers alongside article publications. AAO rejected awards, judging, and contribution claims; found publication expected at postdoctoral level insufficient; ruled research assistant role not leading or critical despite employer reputation. Appeal dismissed.

Pharmacokinetics reviewer at FDA sought EB-1A classification. The AAO found petitioner met only the scholarly articles criterion and failed to meet three required criteria. Evidence did not establish sustained national or international acclaim at the very top of the scientific field.

Scientist with counsel representation claimed extraordinary ability in research on protein folding. AAO found valuable contributions but no sustained national or international acclaim demonstrating top-of-field status. Unsolicited evidence of major contributions absent. Appeal dismissed.

A research scientist claims extraordinary ability via awards, citations, judging, original contributions, scholarly articles, and conference presentations. The AAO found only the judging criterion met but concluded the overall evidence did not establish sustained national or international acclaim placing him at the field's very top.

Scientist in the sciences field claimed extraordinary ability through awards, published material, and judging. The AAO rejected awards as academic honors predating petition; rejected published material due to missing translation and citations alone not meeting the criterion; rejected judging based on insufficient scope. Overall sustained acclaim not established.

Postdoctoral researcher in sciences claimed extraordinary ability through awards, membership, publication, and peer review. AAO found all claimed criteria unmet: awards were academic only, membership lacked proof of outstanding achievement requirement, publication lacked journal verification, peer review was routine without distinction. Overall record failed to show sustained national acclaim or top-tier positioning.

A scientist sought EB-1A extraordinary ability, claiming awards, membership, and published material with citations. The AAO found only the scholarly articles criterion met through citation evidence. Two criteria are insufficient, and the overall evidence failed to demonstrate sustained national or international acclaim at the very top of the field.

An epidemiologist with published research on myocardial infarction and sleep apnea sought EB-1A classification. The AAO found the petitioner failed three-criterion threshold, lacking major nationally recognized awards, media recognition timed before filing, or widespread field acknowledgment of contributions as breakthrough work. Appeal dismissed.

Cancer researcher seeking EB-1A extraordinary ability classification in sciences. Claimed awards, membership, publications, contributions, scholarly articles, and critical role. AAO affirmed denial on all criteria, finding petitioner a valued colleague but lacking evidence of sustained national or international acclaim at field top level.

A research scientist studying bacterial disease mechanisms filed for EB-1A extraordinary ability. He claimed multiple criteria including awards, membership, publications, judging, and original contributions. The AAO affirmed denial, finding he failed to meet three criteria and lacked the sustained national or international acclaim required.