Published AAO appeal decisions

A dance studio employer petitions for EB-1A classification of a beneficiary as extraordinary ability in the arts. The beneficiary claimed awards, published material, and leading role as dancer and coach. The AAO affirmed dismissal because the beneficiary met no criteria and showed insufficient sustained national or international acclaim at the very top level.

Former rhythmic gymnast seeking EB-1A as coach. Petitioner claimed awards and published materials criteria. AAO held insufficient evidence of sustained acclaim as coach rather than retired athlete; coaching achievements not documented at national or international level.

A poet seeks EB-1A as an alien of extraordinary ability in the arts. The petitioner claimed awards, membership, published material, and scholarly articles. The AAO affirmed dismissal because the petitioner failed to establish any criterion and showed only talent, not sustained national or international acclaim at the very top level.

A research scientist claims EB-1A extraordinary ability in the sciences. The petitioner asserted awards, membership, publications, original contributions, scholarly articles, leading role, and salary criteria. The AAO affirmed denial because none demonstrated the sustained national or international acclaim required to show she reached the very top of her field.

A power lifter from Uruguay seeks EB-1A classification as a personal trainer. The petitioner claimed awards, membership, published material, judging, and leading role. The AAO affirmed dismissal because the petitioner met none of the three criteria required and showed no sustained national or international acclaim in the claimed field.

Oil painter from China sought EB-1A extraordinary ability classification based on exhibition awards, publication, judging role, and sales. AAO dismissed appeal, finding awards and exhibitions lacked sustained national acclaim, documentation was deficient, and evidence did not show sustained recognition at the very top of the field.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

A Chinese acrobat claiming extraordinary ability in athletics and arts submitted evidence of local awards, association membership, and performances. AAO found no criterion met, determining awards lacked national or international recognition and membership did not require outstanding achievement.

A psychiatrist self-petitioner claimed EB-1A extraordinary ability based on awards, memberships, certifications, and judging experience. The AAO dismissed the appeal, finding he did not meet at least three criteria because evidence showed routine occupational duties rather than national or international acclaim at the very top.

A physicist counsel-represented beneficiary claimed EB-1A based on publications, judging, and original contributions. The AAO dismissed the appeal, finding only the scholarly articles criterion met and no evidence of sustained national or international acclaim placing him at the very top of his field.

A researcher counsel-represented beneficiary claimed EB-1A based on awards, membership, and publications. The AAO dismissed the appeal, finding she failed to demonstrate at least three criteria and lacked sustained national or international acclaim placing her at the very top of her field.

Tile and stone fabricator-installer seeking EB-1A classification. Self-represented petitioner claimed beneficiary reached level to work unsupervised and offered photographs. AAO found no evidence meeting any of ten regulatory criteria and no documentation of sustained national or international acclaim; petition dismissed.

Artist (calligrapher-graphic artist) seeking EB-1A extraordinary ability classification. Self-represented petitioner submitted certificates, membership evidence, article, and videotape. AAO found evidence insufficient for any criterion and that petitioner failed to establish sustained national or international acclaim at very top level; petition dismissed.

Hair stylist claiming extraordinary ability based on South American awards and professional positions. AAO held awards insufficient: insufficient documentation and no sustained acclaim for ten years before filing. Position as judge and television work held too long ago. No evidence of sustained national or international acclaim required for EB-1A.

Self-petitioner singer claimed extraordinary ability based on one 1986 award, Academy membership, published material, and original contributions. AAO found the award uncorroborated, career limited to 1986–1988, no sustained acclaim demonstrated, and evidence insufficient to show top-tier achievement.

Self-petitioner management scientist claimed extraordinary ability via award, membership, and published material. AAO found Second-Class award insufficient due to incomplete documentation, no evidence of outstanding-achievement membership requirement, and Chinese-language articles do not constitute major media.

Researcher in sciences claimed three criteria for EB-1A extraordinary ability. AAO found none met: grants are not awards, citations alone do not prove acclaim, and judging one dissertation does not demonstrate preeminence. Evidence showed talent but not top-tier sustained acclaim.

Scientist claimed three criteria for EB-1A extraordinary ability. AAO rejected all: old awards lack sustained character, citations do not prove acclaim, and judging one dissertation is insufficient. Record shows competent contributions but fails to establish top-tier status.

Senior software engineer claiming extraordinary ability in sciences based on technical contributions and NATO workshop participation. AAO held no major award and no three criteria satisfied. Evidence shows talent but not sustained national or international acclaim or position in top small percentage required for EB-1A.

Traditional Indian tabla musician sought EB-1A extraordinary ability classification. AAO found no criteria met: awards lack documented significance, memberships do not require outstanding achievement, no national media coverage, insufficient documentation of influence or acclaim, and no evidence of top national performances or commercial success.

Senior business executive in sales and marketing at guitar company claiming extraordinary ability. AAO held no major award established and no three criteria met. Court rejected comparable evidence argument where regulatory criteria apply; evidence insufficient for sustained acclaim at very top level.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner met two of ten criteria: published material and scholarly articles. However, the AAO found the evidence insufficient to establish sustained national or international acclaim or placement at the very top of the field. Appeal dismissed.

Scientist in life sciences sought EB-1A extraordinary ability classification. Petitioner claimed to meet six criteria but the AAO found none met. Awards lacked significance, membership criteria not satisfied, citations insufficient, peer review routine, original contributions undemonstrated, and scholarship evidence post-dated filing. Appeal dismissed.

A scientist in water resources and environmental management claimed extraordinary ability through multiple criteria. The AAO found peer review and conference presentations met two criteria but rejected the petition because the evidence overall did not demonstrate sustained national or international acclaim placing the petitioner at the very top of the field.

A self-petitioner assistant research professor in electrical or computer engineering claimed extraordinary ability. The AAO found minimal evidence of peer review meeting one criterion but concluded the overall record did not demonstrate the petitioner distinguished himself to qualify as extraordinary ability.