Published AAO appeal decisions

Competitive swimmer sought EB-1A extraordinary ability classification based on national medals and team membership. AAO affirmed that petitioner met only two of ten criteria, falling short of the required three. Appeal dismissed because petitioner lacked sustained acclaim and did not demonstrate placement among top of field.

Police officer and trainer in Brazil seeking EB-1A extraordinary ability classification, claiming jiu-jitsu medal and various professional achievements. AAO found only three criteria met but rejected petition at final merits stage, finding petitioner lacked sustained national or international acclaim required for classification.

Biochemistry researcher with Ph.D. from India, conducted research in United States via J-1 visa. Claimed five criteria; met judging and scholarly articles only. Awards, published material, and original contributions rejected. Final merits determination found no sustained acclaim or top-tier status despite meeting two evidentiary criteria. Appeal dismissed.

Visual artist and designer sought extraordinary ability classification. Satisfied three evidentiary criteria: published material, exhibitions, and leading role. AAO dismissed appeal because evidence of limited media coverage and nominal press over twenty years did not demonstrate sustained national or international acclaim required for top-tier status.

Orthopaedic surgeon sought EB-1A extraordinary ability classification. Petitioner met four evidentiary criteria but AAO held he lacked sustained national or international acclaim necessary for the classification, finding awards were for financial assistance, media coverage was minimal and ended, judging involved only medical students, and publication record insufficient.

Business operations specialist claimed extraordinary ability under EB-1A, meeting two of ten criteria initially: leading role and high salary. On appeal, claimed published material criterion but AAO found translations inaccurate and uncertified. AAO dismissed, finding insufficient evidence of acclaim or top-tier status despite meeting two criteria.

Theater actress with over a decade of experience sought EB-1A extraordinary ability classification. Met three evidentiary criteria: published material, judging experience, and artistic exhibition participation. AAO affirmed denial on final merits, finding insufficient evidence of sustained national or international acclaim or top-tier field status.

Opera singer claimed five criteria for extraordinary ability: lesser awards, published material, judging, artistic display, and leading roles. AAO found only two criteria met (judging and display) by the Director, but rejected three others. Published material lacked depth; leading roles involved organizations without distinguished reputation. Petitioner failed to demonstrate sustained national or international acclaim required.

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.

An artist and painter from Peru sought EB-1A extraordinary ability. Although demonstrating artistic exhibition displays, he failed to establish receipt of nationally or internationally recognized awards or publication in major media. Meeting only one of three required criteria, he lacked evidence of sustained acclaim.

An artist agent, who is also a professor of studio arts, petitioned for a fine artist under the O-1 classification for extraordinary ability in the arts. This is O-1B, not O-1A. The AAO dismissed the appeal because the evidence did not satisfy three of the alternative regulatory criteria.

Amateur athlete and coach claiming extraordinary ability in athletics. Petitioner met three initial criteria but failed final merits step: lacked sustained acclaim, no competition or awards post-2017, limited media coverage, and coaching work did not demonstrate top-level achievement required for EB-1A.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.

Musical director claiming extraordinary ability under EB-1A. Petitioner claimed six criteria and a major international award. AAO found the award not established as major or internationally recognized, abandoned on appeal. None of the six claimed evidentiary criteria were satisfied. Appeal dismissed.