Published AAO appeal decisions

Risk analyst and doctoral student in business administration claimed EB-1A classification with three criteria met: published material, judging, and scholarly articles. AAO found criteria satisfied but dismissed on final merits, concluding limited media coverage and recent peer review activity insufficient to demonstrate sustained acclaim at top of field.

Multimedia host and creative producer sought EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO affirmed USCIS finding that petitioner met only two criteria (published material and critical role), failing three-criterion threshold. No evidence of sustained national or international acclaim at field's top level.

A competitive swimmer sought EB-1A extraordinary ability classification. The AAO held he failed to meet the evidentiary threshold, finding only two criteria satisfied and rejecting published material and leading role claims. Final merits also not demonstrated despite claimed accomplishments.

Leadership and personal development consultant sought EB-1A extraordinary ability. AAO found published material criterion met but judging and leading role criteria failed; overall evidence lacked sustained acclaim or elite positioning. Decision noted willful misrepresentation of material facts. Appeal dismissed.

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.

A CEO of a clean energy company claims extraordinary ability under EB-1A, meeting three of ten evidentiary criteria. The AAO affirmed denial because the totality of evidence failed to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field, despite satisfying initial criteria.

A franchise development businessman sought EB-1A extraordinary ability classification. He claimed ten criteria and demonstrated two: published material and judging. The AAO affirmed denial, finding he failed to meet at least three criteria, satisfied no major award, and lacked evidence of sustained national or international acclaim required for extraordinary ability.

Artist/performer seeking EB-1A extraordinary ability classification. Claimed published material, leading role, and high salary criteria. AAO held publications do not qualify as professional or major media; criteria raised for first time on appeal not considered; beneficiary cannot meet three-criterion threshold.

Health technology company petitions for beneficiary as EB-1A extraordinary ability individual. Beneficiary met six of eight claimed evidentiary criteria, but AAO affirmed denial, finding evidence does not demonstrate sustained national or international acclaim or placement among the very top of technology entrepreneurship field.

International consultant and policy analyst self-petitioner claimed four alternate criteria for extraordinary ability. AAO upheld USCIS denial, finding petitioner met only the leading role criterion but failed on awards, published material, and original contributions. Threshold of three criteria not satisfied; final merits declined.

Ph.D. candidate in computer science developing AI models for e-commerce claimed four criteria. AAO affirmed judging and scholarly articles but rejected published material and original contributions. Limited field adoption and insufficient impact preclude extraordinary ability finding.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.

Professor of applied linguistics sought EB-1A classification. Claimed six criteria; AAO found petitioner failed to satisfy at least three criteria by rejecting awards, published material, and original contributions findings. Withdrew SCOPS' favorable determinations on these three without reaching final merits given failure to meet evidentiary prongs.

Ceramic fabricator and contemporary artist blending cultural heritage with modern fabrication seeks EB-1A extraordinary ability. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish three additional criteria including awards, membership, and published materials with credible evidence.

A Brazilian jiu-jitsu instructor appealed EB-1A petition denial. The AAO found petitioner failed to satisfy three initial evidentiary criteria: awards from athletic competition do not count when claiming coaching role; Brazilian publications do not qualify as major media; and no evidence established critical role or distinguished organizational reputation. Appeal dismissed.

Tattoo artist self-petitioner met three regulatory criteria but failed to achieve extraordinary ability classification. AAO found petitioner met published material, judging, and exhibition criteria but dismissed appeal because overall record did not demonstrate sustained acclaim or placement among small percentage at top of field.

Composer, music minister, and ethnomusicology educator claimed six criteria. AAO affirmed judging and scholarly articles but rejected published material on plain language grounds. Petitioner waived remaining claims. Falls short of sustained national or international acclaim threshold.

Transit-oriented development executive self-petitioned for EB-1A extraordinary ability. Although satisfying four initial criteria for published material, judging, scholarly articles, and high remuneration, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for extraordinary ability status.

A financial portfolio strategist in Canada claimed six EB-1A criteria but met only three per USCIS. On appeal, the AAO found the membership and published material criteria unmet and concluded the totality of evidence does not demonstrate sustained acclaim or top-tier status in finance.

Information technology and AI professional claimed extraordinary ability. USCIS found three criteria met: judging, scholarly articles, and leading roles. Final merits determination concluded petitioner lacked sustained national or international acclaim required for top-tier field status. Appeal dismissed; unpublished district court ruling not binding.

A Brazilian journalist self-petitioner claimed extraordinary ability based on eight criteria. The AAO found insufficient evidence for awards and published material criteria, with translation and documentation gaps. Lacking three met criteria, the petitioner was ineligible; final merits were not analyzed.

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.

Executive chef with work history in Poland and United States claimed four criteria. AAO found three criteria met but concluded totality of evidence did not demonstrate sustained acclaim or recognition as among small percentage at very top of culinary field. Appeal dismissed.