Published AAO appeal decisions

A Middle East analyst sought EB-1A extraordinary ability classification. The AAO found the petitioner met three initial criteria (judging, scholarly articles, critical roles) but dismissed the appeal, concluding the evidence did not establish sustained national or international acclaim placing him among the field's very top.

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

An international program director and public policy analyst sought EB-1A classification, claiming nine evidentiary criteria. The service center accepted one; the AAO accepted a second, scholarly articles, but rejected the rest it analyzed and found no sustained acclaim or top-of-field standing, so the appeal was dismissed.

A Brazilian lawyer and prosecutor self-petitioned for EB-1A extraordinary ability. The AAO found petitioner met four criteria (judging, scholarly articles, leading roles, though not high salary). However, in the final merits determination, the AAO held the petitioner failed to demonstrate sustained national or international acclaim or elite status in the field.

A journalist from Kazakhstan with roles as poet, writer, and performer sought EB-1A classification. The AAO dismissed, finding she did not establish three of ten criteria: no major award, membership organizations lack required standards, and blog posts do not constitute scholarly articles. Threshold not met; final merits not reached.

A food and product safety compliance professional sought EB-1A classification. The service center accepted three criteria and the petitioner claimed three more on appeal, which the AAO reserved. The AAO dismissed the appeal at the final merits step because the impact seemed limited to his employer and acclaim was not shown.

A corporate attorney sought EB-1A classification claiming two additional criteria on appeal. The AAO found the award not nationally recognized in the legal field and the salary comparison methodologically flawed, remanding for SCOPS to allow the attorney to cure the evidentiary deficiency regarding remuneration before determining if additional criteria were met.

A Kazakh law professor sought EB-1A classification as alien of extraordinary ability. Although meeting three evidentiary criteria—judging, scholarly articles, and high salary—the AAO affirmed SCOPS finding that the petitioner lacked sustained national or international acclaim necessary to demonstrate extraordinary ability at the highest level.

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.

Criminal defense lawyer in Brazil sought EB-1A extraordinary ability classification. AAO held he met only one of three required alternative criteria (published material); original contributions and scholarly articles not established; overall evidence insufficient for sustained national or international acclaim.

Brazilian lawyer and business owner claims EB-1A extraordinary ability based on legal practice and labor reform publications. AAO held she failed to meet three required criteria; awards lack field-specific recognition and comparative salary data absent for self-employed practitioners.

A Brazilian attorney and law firm managing partner in transnational corporate law sought EB-1A extraordinary ability classification. The AAO dismissed because, although the petitioner met three evidentiary criteria, the totality of evidence did not demonstrate sustained national or international acclaim or that he was among the small percentage at the very top of his field.

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

Legal consultant seeking EB-1A extraordinary ability classification. Claimed membership and original contributions in addition to scholarly articles. AAO found only two criteria met: scholarly articles met, but membership criterion withdrawn due to insufficient evidence. Original contributions lacked demonstration of significance. Overall record did not show sustained national or international acclaim or placement among field's very top.

A lawyer sought EB-1A extraordinary ability classification. The petitioner claimed five criteria and the director found one met. The AAO agreed only one criterion was satisfied and found insufficient sustained national or international acclaim at the top of the field, dismissing the appeal based on uncorroborated assertions and limited objective documentation.

Professor and researcher in law petitioned for extraordinary ability. Director found two criteria met (judging and scholarly articles). On appeal, petitioner claimed two additional criteria (published material and original contributions), both rejected. Appeal dismissed; only two criteria met, three required. Insufficient sustained acclaim evidence.

A writer and consultant in occupational safety and mediation claimed seven criteria for extraordinary ability, later adding two more. The AAO found only judging criterion met and concluded insufficient evidence of the required acclaim for sustained national or international recognition in the field.

An international tax attorney specializing claimed six criteria but met none. The AAO found his bar association membership, published work, judging, original contributions, scholarly articles, and leading role all unmet. Lacking three criteria and evidence of sustained international acclaim, the petition was dismissed.

A polygraph examiner, researcher and instructor sought extraordinary ability classification, claiming many evidentiary criteria. The AAO found only scholarly articles and judging satisfied, rejecting awards, membership and published material. Fewer than three criteria were met, and the aggregate record did not show sustained acclaim, so the appeal was dismissed.

Human rights lawyer and researcher sought EB-1A classification. Claimed eight criteria; director found three met. AAO sustained appeal, finding petitioner demonstrated sustained national acclaim through dedicated career attracting high-level attention and respect, with intent to continue work benefiting the United States.

An attorney, mediator, journalist and author claimed extraordinary ability. The AAO found the petitioner satisfied only two of ten required criteria: judging and scholarly articles. Because three criteria are required, the appeal was dismissed without a final merits determination.

A policy analyst seeking EB-1A in sciences met three initial criteria (judging, original contributions, scholarly articles) and demonstrated extraordinary ability in final merits. The AAO sustained the appeal, finding the petitioner had sustained national acclaim at the very top of his field.