Published AAO appeal decisions

A palliative and home care nurse sought EB-1A classification but submitted a fraudulent academic article published in a fake journal. The AAO found willful material misrepresentation, withdrew findings on one criterion, and concluded the petitioner failed to meet the three-criterion threshold for extraordinary ability.

Medical health services manager seeks EB-1A extraordinary ability classification. AAO affirmed USCIS finding of four criteria met but held petitioner failed final merits determination; lacks career of sustained acclaimed work and evidence of recognition at very top of field.

Physician, public health expert and entrepreneur with MD and recent MPH claimed five criteria but met only two. AAO affirmed denial, finding membership and original contributions criteria unsatisfied. Petitioner lacks demonstrated sustained national or international acclaim required for extraordinary ability classification.

Healthcare consultant and platform developer sought EB-1A extraordinary ability classification. AAO found he met minimum evidentiary criteria but did not demonstrate the sustained national or international acclaim and recognition required to place him among the small percentage at his field's top.

A veterinarian appealed motion to reopen extraordinary ability denial. The AAO dismissed the motion, finding no new facts warranting reopening. Though meeting three regulatory criteria at step one, the appellate decision properly found insufficient evidence of sustained acclaim and top percentage standing at step two.

A healthcare ethics and medical communication researcher in early-career stage seeks EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner had not established sustained national or international acclaim or demonstrated career of acclaimed work required for extraordinary ability.

Employer petitions for pain management physician with neurology research background claiming extraordinary ability. Beneficiary claimed four criteria; only two met: judging and scholarly articles. Original contributions lack concrete evidence of major significance to field; leadership roles not sufficiently demonstrated. Falls short of three-criterion threshold.

First assistant surgeon self-petitioned for EB-1A extraordinary ability. Claimed four criteria: association membership, original contributions, scholarly articles, and leading role. AAO found membership criterion not met and leading role criterion not met; original contributions and scholarly articles not analyzed. Appeal dismissed.

A veterinarian sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading critical role. However, the AAO dismissed her appeal because the totality of evidence did not demonstrate sustained national or international acclaim or that she ranked among the very top of her veterinary field.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Medical resident and researcher sought EB-1A extraordinary ability classification based on six claimed criteria. Service center found only two criteria met; AAO affirmed, finding only judging and scholarly articles satisfied. Since fewer than three criteria were met, petitioner failed threshold initial evidence requirements, so final merits analysis was not needed. Appeal dismissed.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

Global health specialist seeks extraordinary ability classification to establish aging healthcare services company. Claimed nine criteria; service center found two met. AAO affirms only two criteria satisfied, below three-criterion threshold. Appeal dismissed without reaching final merits.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

A health management specialist sought EB-1A extraordinary ability classification, claiming three evidentiary criteria. The AAO found she met one criterion regarding scholarly articles but failed the membership criterion and reserved the leading role criterion. Because she did not establish three criteria, the final merits step was not performed, and the appeal was dismissed.

Dentist and prosthodontist sought EB-1A extraordinary ability classification. Service center found three evidentiary criteria met but no sustained national or international acclaim. AAO affirmed, finding memberships and judging experience insufficient to show career of acclaimed work or placement among the very top of the field.

Physical therapist seeking EB-1A extraordinary ability claimed original contributions, leading role, and high salary criteria. AAO dismissed because petitioner met only one criterion; original contributions lacked demonstrated major significance and organization lacked distinguished reputation.

Dentist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to satisfy the three required evidentiary criteria: the award lacked documentation of standards and selectivity, and membership requirements did not demonstrate recognition by national or international experts.

Massage therapist claiming EB-1A extraordinary ability. AAO found only one criterion met (judging) where three required; original contributions and high salary not shown; academy did not support sustained acclaim or recognition at top of field. Appeal dismissed.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

A pharmacist sought EB-1A classification. She claimed membership in associations, scholarly articles, display at artistic events, and leading roles. The AAO affirmed the Director's finding that she met none of the ten criteria, failing to reach the required minimum of three, and dismissed the appeal.