Published AAO appeal decisions

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.

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 materials science postdoctoral researcher in energy storage sought extraordinary ability. He met two criteria: judging and scholarly articles. On appeal, he claimed original contributions of major significance but failed to demonstrate field-wide impact; work added only incremental knowledge.

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 surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.

Senior staff electrical engineer seeks EB-1A classification claiming judging, scholarly articles, and original contributions of major significance. AAO found judging and scholarly articles met but original contributions lacked evidence of major field significance. Only two criteria satisfied; appeal dismissed.

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.

Orthopedic surgeon and researcher claims extraordinary ability in sciences. Meets three initial criteria: scholarly articles, judging, high salary. However, final merits analysis finds publication citations and judging role insufficient to demonstrate sustained national or international acclaim and placement among top percentage of field.

Theater professor met three initial criteria: judging festivals, authoring one scholarly work, and directing theatrical performances. However, at final merits determination, the AAO found her achievements did not demonstrate sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

Senior electrical engineer and project manager sponsored by employer. Met judging, scholarly articles, and high salary criteria but failed final merits. Despite satisfying three initial criteria, record insufficient to establish sustained national or international acclaim or status among very top professionals in field.

Research scientist in natural language processing and speech communication claimed extraordinary ability. Director found two criteria met. AAO affirmed those two but rejected original contributions claim, finding scholarly work and citations insufficient to show major significance. Appeal dismissed for failure to meet three criteria.

Industrial engineer employed as principal engineer sought EB-1A classification. Director found two criteria met (scholarly articles and high salary). Petitioner claimed third criterion regarding critical role; AAO rejected it. Three-criterion threshold not met; final merits not required.

Mathematician self-petitioner sought EB-1A classification. Claimed three criteria beyond two found by Director (judging and scholarly articles). AAO determined three-criterion threshold not met; final merits showed aggregate record does not support required acclaim or recognition.

An applied physicist employed as an engineer sought EB-1A classification. He met two initial criteria (judging and scholarly articles) but failed to establish a third. The AAO dismissed the appeal because his original contributions lack demonstrated major significance and his accomplishments do not show sustained national or international acclaim required for the classification.

A senior director in project management for a pharmaceutical company met three required criteria: judging, scholarly articles, and high salary. The AAO affirmed on final merits that his sustained international acclaim, conference presentations, R&D facility design, and field recognition demonstrate he is among the very top.

Researcher in nanostructure materials and electrochemistry with PhD claimed extraordinary ability. Met judging and scholarly articles criteria but failed original contributions of major significance. Citation metrics and reference letters did not establish major significance. AAO affirmed lack of sustained acclaim required for extraordinary ability classification.

A financial advisor seeking EB-1A classification claimed seven criteria. The AAO found none met: awards lacked national recognition, membership did not require outstanding achievements, judging was undocumented, original contributions were company-specific not field-significant, articles were unsubstantiated, exhibition claims unproven, and salary data did not match her field. Appeal dismissed.

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.

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.

A molecular diagnostics company employed a scientist claiming extraordinary ability in sciences. Director found four criteria met, but AAO reversed original contributions and high salary findings. With only two criteria solidly met and no showing of sustained national acclaim at field's top, appeal dismissed.

A journalist claimed extraordinary ability through five criteria, meeting at least three via awards, publications, judging, and a leadership role. The AAO found the evidentiary criteria satisfied but dismissed the appeal because the totality of evidence, particularly the awards, demonstrated only local and regional recognition rather than the sustained national or international acclaim required.

A chemical engineering research engineer sought EB-1A classification. AAO affirmed the director's finding that he met only two criteria: judging and scholarly articles. Original contributions were not shown to be major significance beyond his employer. Leading role criterion failed because criticality was limited to research group. Appeal dismissed.

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.