Published AAO appeal decisions

A water polo player claimed four EB-1A criteria but satisfied only one. AAO affirmed dismissal, finding no major award, insufficient criteria met, and no evidence of the extraordinary sustained acclaim required for EB-1A classification at the sport's highest level.

Environmental engineer claimed six criteria for extraordinary ability. AAO affirmed judging and scholarly articles criteria but rejected membership, published material, and original contributions. No evidence of sustained national or international acclaim or top-tier status required for EB-1A classification.

A business executive in the pomegranate industry sought EB-1A extraordinary ability classification. The AAO dismissed motions to reopen and reconsider, finding the petitioner failed to establish three required criteria on published material and high salary, and did not meet the initial evidentiary threshold.

Martial artist from Uzbekistan seeks extraordinary ability classification. Met four initial criteria but dismissed on final merits. Documented achievements only through 2018; gap of years without evidence of sustained national or international acclaim through filing date.

A chief executive officer and entrepreneur seeks EB-1A classification claiming published material, awards, and membership criteria. The AAO withdrew the service center's favorable finding on published material, rejected awards and membership claims for insufficient evidence, and found the petitioner failed to meet the threshold of three qualifying criteria.

A scientific researcher sought EB-1A extraordinary ability classification. The AAO dismissed a combined motion to reopen and reconsider because the petitioner failed to submit new facts or identify deficiencies in the prior dismissal; resubmitted evidence previously rejected and could not consider post-petition publications.

Business consultant self-petitioner claimed six extraordinary ability criteria. AAO dismissed motion to reconsider, upholding prior findings that published material, original contributions, and scholarly articles criteria were not met. Membership and leading role criteria were reserved as unnecessary since three criteria minimum was not satisfied.

Professional soccer player seeking EB-1A as intending soccer coach. AAO dismissed appeal, finding only two of six claimed criteria met. Petitioner lacked coaching evidence and sustained acclaim in new field; transition from athlete to coach does not satisfy extraordinary ability standard for small percentage at field's top.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Spanish voiceover actor for dubbing and localization sought EB-1A extraordinary ability classification. AAO remanded because service center failed to address three claimed criteria despite petitioner providing evidence in initial petition and response to RFE, denying fair opportunity to contest on appeal.

Wedding and event planner specialist seeks EB-1A extraordinary ability classification. Claimed major award and three evidentiary criteria. AAO dismissed, finding no major award, unmet criteria for lesser awards and original contributions, and record lacks evidence of sustained national or international acclaim or top-tier field status.

Technology entrepreneur in hospitality industry sought EB-1A extraordinary ability. Claimed nine evidentiary criteria but failed to meet minimum three. AAO dismissed, finding venture capital funding inadequately documented and membership criterion not properly established; other criteria not analyzed as threshold requirement not met.

A karate coach claimed extraordinary ability and sought to open karate schools in the United States. The AAO confirmed he met two criteria—judging and leading role—but dismissed because he failed to meet the minimum three-criterion threshold required for final merits consideration.

A basketball coach, formerly a player, sought EB-1A extraordinary ability classification. Though three initial criteria were facially satisfied as a player, evidence lacked sustained national or international acclaim as a coach. Coaching career began post-filing; sparsely documented coaching does not demonstrate top-level recognition. AAO dismissed.

A sales specialist and trainer claiming extraordinary ability under EB-1A sought to satisfy four criteria: published material, original contributions, leading role, and high salary. The AAO affirmed dismissal, finding published material and original contributions unsubstantiated and insufficient to meet the three-criterion minimum.

A chief executive officer selling Italian furniture sought EB-1A extraordinary ability classification. The AAO held the petitioner failed to establish three required criteria: published material lacked proper documentation, judging of manufacturers was not in an allied field, original business contributions lacked demonstrated major significance, and scholarly articles were not authored by petitioner.

A hockey athlete and coach appealed denial of EB-1A petition. The AAO withdrew SCOPS's decision that petitioner failed the judging criterion, finding evidence that she served as head referee. With three criteria met, the AAO remanded for SCOPS to conduct final merits analysis of sustained acclaim and top percentage standing.

Marketing and communications strategist seeking EB-1A for extraordinary ability. Claimed published material, scholarly articles, and exhibitions criteria. AAO found all three criteria unmet: publications lacked proper documentation and publication venue verification; scholarly articles insufficient under professional publication requirement; panel participation did not constitute artistic display.

A corporate attorney with thirty years of business law experience in U.S.-France trade sought EB-1A classification. The AAO remanded because the Service Center Director failed to fully analyze claimed evidentiary criteria and incorrectly rejected post-filing evidence, depriving the petitioner of complete consideration.

Mixed martial arts competitor claimed four criteria for extraordinary ability but satisfied only published material. Failed to meet three-criterion threshold. AAO held insufficient evidence of major awards, qualifying memberships, or judging participation, and that aggregate record does not demonstrate sustained acclaim or top-tier status required.

Criminal defense lawyer in Brazil sought EB-1A extraordinary ability classification. AAO held he met only one of three required alternative criteria (published material); original contributions and scholarly articles not established; overall evidence insufficient for sustained national or international acclaim.

Commercial photographer seeking EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO dismissed appeal, finding none met: memberships lack proper standards, published materials are promotional rather than substantive coverage, exhibitions not qualifying, and no leading critical roles. Does not demonstrate sustained acclaim or top-tier status.

Brazilian lawyer and business owner claims EB-1A extraordinary ability based on legal practice and labor reform publications. AAO held she failed to meet three required criteria; awards lack field-specific recognition and comparative salary data absent for self-employed practitioners.