Published AAO appeal decisions

Landscape architect and associate professor claimed extraordinary ability under EB-1A. Met three initial criteria: judging, scholarly articles, and exhibitions. AAO found the three-criterion threshold satisfied but dismissed on final merits, concluding the petitioner failed to demonstrate sustained international acclaim or placement among the top percentage in the field.

An architect and partner at a firm seeks EB-1A extraordinary ability classification. He met two criteria (scholarly articles and leading role) but failed to establish two additional criteria on appeal regarding awards and published material due to insufficient corroboration. The AAO dismissed, finding he lacks the three-criterion threshold and aggregate evidence does not demonstrate the sustained acclaim required.

A violinist claimed five criteria: judging and exhibitions met; awards, scholarly articles, and leading role rejected or unmet. Only two of three required criteria established. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim.

A photographer self-petitioned for EB-1A extraordinary ability. The AAO found he met two of ten criteria: published material and exhibitions. The appeal was dismissed because the evidence did not establish sustained national or international acclaim or that he ranks among the small percentage at the very top of photography.

A master embroidery artisan claimed extraordinary ability in traditional Uzbek embroidery, alleging five criteria satisfied. The AAO upheld the Director's revocation, finding only one criterion met and rejecting the others for lack of objective evidence: no major award, unverified membership, insufficient scholarly publication, and contributions lacking demonstrated field impact.

Journalist in Brazil sought EB-1A extraordinary ability. Petitioner claimed membership, published material, and scholarly articles criteria but satisfied only two: scholarly articles and published material. The AAO reversed published material finding, concluding articles focused on petitioner's works rather than the petitioner, and rejected membership as the association does not require outstanding achievements, leaving only one criterion met.

A landscape architect sought extraordinary ability classification in business, claiming nine criteria. The service center accepted three criteria but denied on final merits. The AAO agreed that three criteria were met and found that awards, board service, publications and exhibitions together showed sustained acclaim, sustaining the appeal.

A curator and historian of art sought EB-1A classification. The petitioner claimed six criteria but met only one (judging). The AAO dismissed the appeal because the petitioner failed to establish at least three initial criteria required for extraordinary ability.

Clarinet musician and teacher claiming extraordinary ability under EB-1A. Director evaluated five criteria; petitioner failed to meet original contributions and scholarly articles standards. On appeal, counsel failed to address specific errors in director's analysis beyond typographical mistakes. Appeal summarily dismissed for lack of substantive challenge.

Film scholar claiming extraordinary ability in cinema studies. Petitioner claimed at least three criteria under EB-1A regulations. AAO found awards not nationally recognized, publications not in major media, scholarly articles insufficient for acclaim, and conference presentations lacked evidence of significance. Overall evidence did not demonstrate extraordinary ability.

A lute teacher self-petitioned for EB-1A classification claiming extraordinary ability in the arts. The AAO dismissed the appeal, finding the petitioner failed to establish awards, judging, or scholarly articles criteria with evidence of national or international acclaim at the highest level required.

Employer-sponsored blues musician petition. The AAO found beneficiary met at least three criteria through magazine awards, publications, gold records, and festival performances. Aggregate evidence demonstrated sustained national acclaim and extraordinary ability in the performing arts. Appeal sustained and petition approved.

Artist seeking EB-1A extraordinary ability in the arts. Petitioner submitted evidence relating to awards, publications, scholarly articles, leading role, and commercial success criteria. AAO held none met; no sustained acclaim demonstrated and record contained no evidence of sustained acclaim after U.S. entry.

Fashion designer from China sought EB-1A classification based on achievements during 1990s and after 2000 entry. AAO found petitioner failed to meet three criteria with documentary evidence and lacked sustained acclaim within United States. Appeal dismissed.

Performer in performing arts sought EB-1A extraordinary ability classification. AAO found only one criterion met (leading critical role), falling short of three required. Awards lacked documentation, salary and commercial success unproven, published material lacking. Appeal dismissed.

Self-represented petitioner, editor and writer of local chronicles in China with twenty-year career. Claimed extraordinary ability through awards, scholarly articles, and original contributions. AAO dismissed appeal, finding one national award and single article recognition insufficient, uncertified translations of recommendation letters inadmissible, and no evidence of sustained acclaim or intent to continue work in United States.

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.

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 from Argentina seeking EB-1A classification claiming awards, judging roles, and leadership positions from the 1980s-early 1990s. AAO dismissed appeal, finding no sustained national or international acclaim through filing date and no evidence of continued prominence in field.

Self-petitioner musician specializing in tabla claimed extraordinary ability through awards, membership, publications, judging, articles, exhibitions, critical role, and commercial success. AAO found no criterion clearly satisfied and concluded petitioner lacked sustained national or international acclaim at the very top of the field.

A Russian painter sought extraordinary ability classification through EB-1A. Claimed exhibitions, organizational memberships, and group work. AAO found only one criterion met but insufficient evidence overall of sustained national or international acclaim demonstrating placement at top of field.

Senior game designer sought EB-1A classification. Met only scholarly articles criterion. AAO found prior approval notice was issued in error by computer without favorable adjudication. Evidence insufficient to show sustained national or international acclaim. Appeal dismissed.