Published AAO appeal decisions

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Jazz percussionist and music instructor sought EB-1A classification. Met three evidentiary criteria initially but AAO held he failed final merits test, lacking sustained national or international acclaim and failing to demonstrate standing among the very top musicians in his field.

Entrepreneur and financier in business sought EB-1A extraordinary ability classification. Claimed at least three evidentiary criteria including awards and leadership role. AAO found awards lacked recognition as nationally or internationally prestigious for excellence in business and concluded petitioner lacks sustained national or international acclaim required for extraordinary ability.

Chief technology officer sought EB-1A extraordinary ability classification. Director denied; AAO found director failed to evaluate petitioner's claimed scholarly articles criterion. AAO remanded for director to address this criterion and if satisfied conduct final merits analysis.

A soccer player met four initial extraordinary ability criteria but failed the final merits test. AAO found his 15-year career and media coverage did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of professional soccer.

Hair stylist sought EB-1A extraordinary ability classification. AAO found she met three initial criteria: published materials about her work, participation as judge, and display of work at artistic exhibitions. Matter remanded for final merits determination on sustained acclaim and top percentile standing.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

An entrepreneur in vehicle competition and recreation sought EB-1A extraordinary ability. AAO remanded because the Director failed to properly analyze several claimed criteria and applied unsupported evidentiary standards, particularly regarding published material and continuation of work in the United States.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

An actress in Chinese film and television sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, holding that while petitioner met three evidentiary criteria, the record did not demonstrate sustained national or international acclaim required under the two-part Kazarian analysis.

A miniatures and folk art artist claimed extraordinary ability through multiple evidentiary criteria. While the petitioner met four initial criteria, the AAO found insufficient evidence of sustained national or international acclaim or of being among the very top in the field, requiring dismissal despite meeting the threshold number of criteria.

Musician and music group leader seeking extraordinary ability classification. Claimed three additional criteria beyond two met by director. AAO found published material and artistic display criteria satisfied but rejected awards and original contributions claims. Final merits determination found petitioner progressing toward top but lacking sustained acclaim required for classification.

Martial arts studio petitioned for instructor beneficiary for O-1A extraordinary ability in athletics. Beneficiary met only one of three required initial criteria and could not establish sustained national or international acclaim; appeal dismissed.

Sustainable development professional sought EB-1A extraordinary ability classification. Claimed five criteria but established none. Did not prove receipt of recognized awards, published material about his work, or display at artistic venues. AAO found no sustained national or international acclaim or evidence of rising to very top of field, dismissing appeal.

Writer and filmmaker claimed five criteria; Director found only two met (awards and published material). On appeal, petitioner asserted judging, original contributions, and artistic display additionally applied. AAO rejected judging for insufficient documentation of jury participation details. Evidence did not show sustained national or international acclaim required for extraordinary ability.

Children's book author sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria but director's final merits determination was incomplete and contradictory. AAO remanded case for director to conduct full analysis of all evidence and provide complete explanation for any denial.

Visual artist and illustrator claiming extraordinary ability. Met two of ten criteria but failed to meet three required. Leading role and high salary claims rejected due to lack of organization documentation and insufficient earnings evidence. Record showed skilled artist with recognition but not sustained acclaim at required level.

A Chinese company manager petitioned for EB-1A classification claiming extraordinary ability. The applicant met two criteria (published material and leading role) but not the three required. On appeal, the membership criterion was rejected because the associations did not require outstanding achievements. The appeal was dismissed.

Athlete and coach in combat sport claimed extraordinary ability through five evidentiary criteria. AAO found he met only the awards criterion but failed the published material and membership criteria. Lacking three qualifying criteria, petitioner did not satisfy initial evidence requirement and did not demonstrate sustained acclaim at the top of the field.

Executive producer in entertainment seeks EB-1A classification. Claimed four awards, published materials, leading role, and high salary. AAO found one award met criterion and director had already granted leading role criterion, but rejected claim of major internationally recognized award and found petitioner did not demonstrate extraordinary ability or sustained acclaim at top of field.