Published AAO appeal decisions

Pharmacist seeking extraordinary ability classification in business based on plan to launch online pharmaceutical safety company. AAO found three criteria met but concluded totality of record lacks sustained national or international acclaim or evidence of top-tier status required for EB-1A.

An investment portfolio manager claimed four EB-1A criteria. SCOPS denied without adequately analyzing submitted evidence or explaining rejections. The AAO found SCOPS failed to address the plain language of the criteria with specificity and remanded for proper re-evaluation and meaningful opportunity for response.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Managing director in financial services risk management seeks EB-1A classification. Six of seven claimed initial criteria met but appeal dismissed in final merits analysis. Record shows noteworthy accomplishments but insufficient evidence of sustained national or international acclaim at very top of field.

Petroleum reservoir and production engineer with expertise in hydraulic fracturing and pressure transient analysis claims extraordinary ability. Met five initial evidentiary criteria, exceeding three-criterion threshold. However, AAO found insufficient evidence of sustained national or international acclaim or elite accomplishment level required for extraordinary ability classification.

Legal researcher and lecturer in human rights law claimed six criteria; USCIS found four met. AAO affirmed four criteria were satisfied but held applicant failed final merits analysis, finding insufficient sustained acclaim and failure to demonstrate position among very top of field.

An environmental scientist satisfied three evidentiary criteria but failed the final merits test. The AAO held recent awards and memberships lacked sustained national or international acclaim and did not demonstrate he ranked among the very top in the field, so the appeal was dismissed.

A hockey player from Russia self-petitioned for extraordinary ability classification, having satisfied at least three initial criteria. The AAO dismissed the appeal, finding that while criteria were met, the totality of evidence—youth and junior achievements, plus professional play in lower-tier leagues—failed to demonstrate he is among the small percentage at the very top of the field.

Gospel music singer sought EB-1A extraordinary ability classification. Director found two criteria met (published material, exhibitions). AAO affirmed awards and membership criteria not met; petitioner failed to establish three criteria minimum. Final merits determination not reached; appeal dismissed.

Cloud engineer specializing in supply chain management and computing seeks EB-1A extraordinary ability classification. AAO withdrew SCOPS findings on published material and salary criteria as unsupported, remanded for reconsideration of awards, judging, and original contributions criteria, and full final merits analysis of totality of evidence.

A specialist in prevention and investigation of financial crimes and money laundering sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner failed to establish any of the claimed eight initial criteria and could not meet the three-criterion threshold; final merits determination also failed.

Food processing business manager and co-founder seeks EB-1A extraordinary ability classification. Claimed multiple criteria including awards, membership, published material, judging, original contributions, and exhibitions. AAO found only published material criterion met; one of three required criteria insufficient to satisfy initial evidence requirement.

Financial risk specialist sought EB-1A classification. Service center found judging and original contributions met; AAO withdrew both findings, concluding judging students does not meet regulatory requirements and contributions lacked evidence of significant impact. Petitioner failed to meet three criteria threshold.

A crop pathologist self-petitioner claimed extraordinary ability based on seven criteria. The AAO affirmed only scholarly articles as met, withdrew the USCIS finding on judging, and rejected published materials. With only one criterion met, the petitioner fell short of the three-criterion threshold and was ineligible; final merits analysis was not reached.

Cybersecurity engineer employed as head of detection engineering sought EB-1A classification. Met initial three criteria: judging, scholarly articles, leading role, and high salary. However, final merits analysis found insufficient sustained national or international acclaim to demonstrate extraordinary ability at top percentage level.

Chief technology officer sought EB-1A extraordinary ability classification. Met only two of ten evidentiary criteria after multiple appeals. AAO dismissed motion to reopen and reconsider, finding petitioner failed to establish three required criteria and did not identify legal errors in prior decisions.

A cultural diplomacy expert with master's degrees in public administration and peace studies seeks extraordinary ability classification. The AAO found the petitioner submitted minimal or no credible evidence for any criterion, relying on unsupported assertions rather than documentation. Appeal dismissed.

Operations and procurement analyst from Venezuela with bachelor's degree seeks EB-1A extraordinary ability classification. AAO affirmed denial because petitioner failed to demonstrate major award and satisfied none of three required evidentiary criteria; lacks sustained acclaim.

Culinary writer and social media content developer self-petitioner met only published material criterion; failed to meet three criteria required for extraordinary ability. AAO dismissed because high salary claim lacked comparative data and commercial success claim did not fit performing arts sales standard; prior O-1 approval did not bind I-140 review.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

Tattoo artist filed motion to reconsider AAO dismissal of EB-1A appeal. AAO had found five criteria met but denied final merits. Motion contests one-time achievement and lesser awards determinations. AAO affirms second place award is not major or internationally recognized and petitioner has not shown sufficient national or international recognition of his awards.

Business professional in innovation ecosystem development claimed extraordinary ability through six criteria. AAO found only one criterion met (judging). Memberships lacked outstanding achievement requirement; published materials did not substantively address petitioner; original contributions insufficiently documented. Record did not establish sustained national acclaim.

Chief executive officer and entrepreneur filed second motion to reopen EB-1A extraordinary ability petition. AAO dismissed motions because applicant neither provided documentary evidence of new facts nor demonstrated legal error in prior decision; applicant merely reargued issues already decided.

Chief architect of digital transformations met three initial evidentiary criteria and demonstrated acclaim and recognition in his field. However, AAO found he was very good but not among the small percentage at the very top, dismissing the appeal.