Published AAO appeal decisions

Molecular biochemist and postdoctoral researcher sought extraordinary ability classification. Met two criteria (judging, scholarly articles). Original contributions criterion rejected because supporting letters lacked specificity on field impact and citation metrics alone insufficient. Appeal dismissed for failure to meet three-criterion threshold.

A neuroscientist appealed denial of EB-1A petition. The AAO found three criteria met: published materials, scholarly articles, and leading critical roles. However, the final merits determination failed; peer review participation and publication venues alone did not establish the sustained national or international acclaim and top-tier status required for extraordinary ability.

An epigenetics and oncology researcher filed I-140 for extraordinary ability. He satisfied three initial criteria including original contributions of major significance. However, AAO reversed on final merits, finding productive career but insufficient sustained acclaim or evidence of very top of field status.

A researcher employed as associate director sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading role. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or placement among the very top of the field despite meeting the threshold criteria.

Clinical chemist sought extraordinary ability classification. Claimed five criteria; two were met (judging, scholarly articles). Membership and original contributions criteria were rejected as lacking sufficient evidence of major significance or outstanding achievement requirements. Appeal dismissed as fewer than three criteria satisfied.

A research scientist in ophthalmology sought EB-1A extraordinary ability classification. She met two criteria: judging and scholarly articles. On appeal she claimed a third criterion, original contributions, but the AAO rejected it, finding that citations and publications alone do not show major significance without additional context. The appeal was dismissed.

Immunologist and assistant research scientist seeks EB-1A extraordinary ability classification. Met two criteria (judging and scholarly articles) but needed three. AAO dismissed appeal because original contributions not shown to be of major significance despite article citations and research accomplishments.

Biomedical technology company petitions for senior research specialist in cancer research for O-1A visa. Satisfied judging and scholarly articles criteria but failed original contributions of major significance criterion. AAO dismissed, finding insufficient evidence of extraordinary ability.

Postdoctoral researcher in therapeutic ultrasound sought EB-1A extraordinary ability classification. Petitioner met three initial criteria: judging, scholarly articles, and original contributions. AAO dismissed appeal, finding evidence insufficient to demonstrate sustained national or international acclaim at the very top of the field required for final merits.

A radiology and radiological science researcher sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding she met four initial criteria and demonstrated sustained national and international acclaim through published work, high citations, innovative contributions to cancer research, and field recognition consistent with being among the very top.

A geologist employed by a law firm petitioner sought extraordinary ability classification. She met three evidentiary criteria: judging, scholarly articles, and published material. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or that she represents the top small percentage of her field.

A psychologist seeking extraordinary ability classification claimed four criteria. The AAO affirmed the service center's finding that only two were met: judging and scholarly articles. The original contributions criterion failed because citation counts were not shown to reflect major significance. The petitioner did not establish sustained acclaim or top-tier standing in psychology.

Assistant professor of neurological surgery sought EB-1A extraordinary ability classification. Petitioner met three criteria: judging, original contributions, and scholarly articles. On appeal, AAO sustained, finding totality of evidence, including high citation rates and influential publications on deep brain stimulation and anesthesia, demonstrates sustained national and international acclaim among top of field.

A microbial ecologist filed I-140 for extraordinary ability. She met judging and scholarly articles criteria but failed to meet three total criteria. AAO found her citation metrics and journal participation insufficient to demonstrate major significance or sustained acclaim required for EB-1A classification.

A research scientist in public health claiming extraordinary ability presented evidence of judging and scholarly articles. The AAO dismissed the appeal because although two criteria were met, the third claimed criterion on original contributions of major significance failed: the evaluation plan lacked evidence of pre-filing implementation or major field-wide impact.

Post-doctoral researcher in medicine sought EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. Insufficient evidence of major significance or field-wide impact. Appeal dismissed.

Researcher in School of Medicine seeks EB-1A extraordinary ability in sciences for work on genetic mutations and microcephaly. Petitioner met two criteria (judging, scholarly articles) but failed to meet three minimum. Original contributions criterion failed because research citations and textbook inclusion were insufficient evidence of major field significance.

A neuroscience postdoctoral researcher sought EB-1A classification, meeting three initial criteria: judging, original contributions, and scholarly articles. The AAO sustained the appeal, finding the totality of evidence demonstrates sustained national and international acclaim and established that the petitioner is among the very top of the field through high citation rates and widespread research implementation.

Neonatologist sought EB-1A extraordinary ability classification. Met only two initial criteria: scholarly articles and leading role. AAO dismissed appeal, finding petitioner failed to meet three-criterion threshold and aggregate record did not demonstrate sustained national acclaim or top-tier expertise.

A medical technology researcher sought EB-1A extraordinary ability classification. Director found two criteria met; petitioner claimed two more. AAO found judging and scholarly articles met but original contributions lacked significance and leading role unproven. Only three criteria met but final merits analysis concluded no extraordinary ability. Appeal dismissed.

Postdoctoral physiology researcher seeks EB-1A extraordinary ability classification. Met judging and scholarly articles criteria but failed to satisfy original contributions of major significance, the claimed third criterion. Citation counts and research impact letters lacked specificity regarding field-wide importance. Appeal dismissed for failing to meet three required criteria.

A respiratory medicine researcher filed I-140 for extraordinary ability. He met judging and scholarly articles criteria but awards and original contributions claims failed. AAO found prospective language in reference letters insufficient and ruled he failed to meet three criteria minimum.

Doctoral researcher in biomedical sciences claiming extraordinary ability. Director found two criteria met: judging and scholarly articles. Petitioner appealed claiming original contributions of major significance. AAO dismissed, finding prospective impact and limited citations insufficient, and overall record lacks evidence of sustained national acclaim or top-tier status.

Neuroscientist researcher self-petitioner sought EB-1A classification. Claimed seven criteria; AAO found only two met (judging and scholarly articles). Without three criteria threshold met, final merits not fully addressed. AAO concluded aggregate evidence does not demonstrate required expertise and acclaim.

Researcher studying insect and spider phylogenetics claimed multiple criteria. AAO found three criteria met: judging, scholarly articles, and original contributions. Final merits analysis found sustained acclaim through extensive citations, species discoveries, two species named after her, and letters from leading experts affirming groundbreaking work. Appeal sustained.