Published AAO appeal decisions

Entrepreneur and investor seeking extraordinary ability in business. Claimed judging, leading critical role, and original contributions. AAO affirmed judging was met but found leading role unsupported and reserved original contributions. Petitioner failed to meet required three-criterion threshold, so appeal dismissed.

A CEO and founder of a U.S. corporation sought EB-1A classification based on extraordinary ability in business. Although meeting published material criterion, the AAO affirmed SCOPS finding that evidence lacked the sustained national or international acclaim and recognition required to place petitioner among the small percentage at the very top of the field.

Business consultant and CEO from Russia sought EB-1A extraordinary ability classification. The petitioner met two criteria: lesser awards and judging. The AAO rejected original contributions as merely disseminating others' work and found articles non-scholarly. Because the petitioner met only two of ten required evidentiary criteria, the AAO dismissed the appeal without reaching final merits.

A management and operations specialist with engineering background sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three of the ten required evidentiary criteria, and withdrew SCOPS findings on judging and high salary as unsupported.

A marketing director for a luxury resort wear company sought extraordinary ability classification through employer petition. Claimant submitted five criteria but failed three regarding awards, publications, and critical role. AAO declined final merits review after finding insufficient initial evidence threshold satisfaction.

Financial technologist and CEO of self-owned fintech firm from Dominican Republic seeking EB-1A classification. Claimed five criteria; the AAO found membership and high salary unmet and deemed published material and scholarly articles waived. Without three criteria met, the AAO dismissed the appeal without reaching overall extraordinary ability.

International trade specialist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria and service center found two met. On appeal, petitioner contended three additional criteria were satisfied. AAO affirmed service center's findings, concluding petitioner met only two criteria (judging and scholarly articles), below the three-criterion threshold, and dismissed the appeal without reaching final merits.

A business development coach from Colombia claimed extraordinary ability in social innovation and sustainable business. The AAO found he met only two of ten evidentiary criteria and did not satisfy the threshold requirement of three criteria, so dismissed without reaching the final sustained acclaim analysis.

Self-petitioner in digital education transformation business seeks EB-1A classification. Three initial criteria met but appeal dismissed because record shows limited, recent instances without sustained national or international acclaim or evidence of top-tier recognition in the field.

Business management professional self-petitioner seeks EB-1A extraordinary ability classification. Met three initial criteria but AAO found no sustained national or international acclaim, with internal awards only from 2007-2009, failing final merits determination.

Business consultant and executive self-petitioner claimed three EB-1A criteria. AAO dismissed motion to reopen because evidence was either available during original RFE or postdated the petition filing, violating the requirement to establish eligibility at time of petition.

A business consultant mentoring immigrant entrepreneurs claimed extraordinary ability. The AAO found he did not meet the threshold of three evidentiary criteria and, alternatively, that he failed to demonstrate sustained national or international acclaim and place among the very top of his field.

A real estate broker seeks extraordinary ability classification. She claimed membership and high salary criteria. The AAO affirmed denial because she did not receive a major award, did not meet three alternative criteria, and did not establish sustained national or international acclaim required for EB-1A.

A business executive in the pomegranate industry sought EB-1A extraordinary ability classification. The AAO dismissed motions to reopen and reconsider, finding the petitioner failed to establish three required criteria on published material and high salary, and did not meet the initial evidentiary threshold.

Business consultant self-petitioner claimed six extraordinary ability criteria. AAO dismissed motion to reconsider, upholding prior findings that published material, original contributions, and scholarly articles criteria were not met. Membership and leading role criteria were reserved as unnecessary since three criteria minimum was not satisfied.

A business executive petitioned for EB-1A extraordinary ability status based on nine claimed criteria, including awards, membership, and high salary. The AAO found no major award and rejected lesser prizes and membership as nationally or internationally recognized. High salary finding was withdrawn due to insufficient documentation. The petitioner did not meet the initial three-criterion threshold and lacks sustained national or international acclaim.

A Canadian business manager and entrepreneur seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met zero evidentiary criteria required for extraordinary ability and lacked sustained national or international acclaim as required by statute.

Administrative services and facilities manager sought EB-1A extraordinary ability classification. AAO dismissed because petitioner failed to meet the minimum three of ten evidentiary criteria. Awards and membership criteria were not met; artistic exhibition criterion inapplicable to administrative work; record did not demonstrate sustained national or international acclaim.

A logistician sought EB-1A classification claiming four evidentiary criteria. The AAO affirmed dismissal, finding the petitioner failed to document individual association membership and lacked evidence of judging others' work in logistics. Meeting only two of ten required criteria precluded reaching final merits analysis.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

A sales specialist and trainer claiming extraordinary ability under EB-1A sought to satisfy four criteria: published material, original contributions, leading role, and high salary. The AAO affirmed dismissal, finding published material and original contributions unsubstantiated and insufficient to meet the three-criterion minimum.

A chief executive officer selling Italian furniture sought EB-1A extraordinary ability classification. The AAO held the petitioner failed to establish three required criteria: published material lacked proper documentation, judging of manufacturers was not in an allied field, original business contributions lacked demonstrated major significance, and scholarly articles were not authored by petitioner.

Information technology project manager claimed extraordinary ability in business. AAO affirmed denial because petitioner failed to meet three of ten criteria and showed no major award; lacks sustained acclaim or recognition consistent with top of field.

A corporate attorney with thirty years of business law experience in U.S.-France trade sought EB-1A classification. The AAO remanded because the Service Center Director failed to fully analyze claimed evidentiary criteria and incorrectly rejected post-filing evidence, depriving the petitioner of complete consideration.