Published AAO appeal decisions

Music composer and trombonist seeks EB-1A extraordinary ability classification in the arts. Met judging and artistic display criteria. Failed to establish leading critical role or high salary claims due to insufficient evidence of organizational distinction and inadequate compensation comparisons. Appeal dismissed for not meeting three required initial criteria.

An artist and art teacher sought EB-1A extraordinary ability classification. The AAO found she met only one of ten required criteria: exhibition displays. Her membership rating and letters of support failed to establish major contributions. The overall record did not demonstrate sustained national or international acclaim.

A Latin reggae musician sought EB-1A extraordinary ability classification. The AAO found he met three initial criteria: published material, judging, and performance displays. However, the final merits determination failed because the petitioner lacked sustained national or international acclaim after his band dissolved in 2012.

Creative director claimed extraordinary ability through six criteria including awards, membership, published material, and original contributions. AAO found only judging criterion met; awards were team-based, memberships did not qualify, published material requirement unmet, and designs lacked major significance. Appeal dismissed.

Dog handling company seeks O-1A classification for professional handler. Beneficiary established one criterion: awards. Membership and high salary criteria not met; other claimed criteria not analyzed. Petition also failed contract requirement. Appeal dismissed for insufficient evidentiary criteria and missing employment contract.

A restaurant owner sought EB-2 classification with national interest waiver. The AAO found she qualified for EB-2 as member of professions holding advanced degree but dismissed her waiver claim under Dhanasar framework, concluding the proposed endeavor lacked demonstrated national importance.

Strategic port planner with 25 years maritime experience seeks EB-1A extraordinary ability. Met leading role and high salary criteria but failed membership requirement. Dismissed because only two of three required criteria satisfied; final merits determination not conducted.

Dentist in public health seeks EB-1A extraordinary ability in sciences. Met judging criterion but failed membership through academy fellowship and professional certification. Dismissed because only one of three required criteria satisfied; final merits determination not warranted.

Foreign trade executive and CEO of Brazilian trading company seeks extraordinary ability classification in business. Claims six additional criteria beyond judging. AAO affirms only judging criterion met; record does not establish three required criteria or sustained international acclaim.

Postdoctoral scholar and environmental sustainability fellow in life sciences seeks extraordinary ability classification. Claims six criteria beyond judging. AAO affirms only judging criterion met; insufficient evidence of three required criteria or status among top percentage in field.

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 forensic scientist sought national interest waiver for EB-2 advanced degree classification. The first Dhanasar prong was met: research in biomechanics has substantial merit and national importance. However, the AAO dismissed, finding insufficient evidence he is well positioned to advance the proposed endeavor.

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 sports coach sought national interest waiver as EB-2 member of professions with advanced degree equivalent. The AAO found her proposed work as coach and trainer had substantial merit but lacked national importance. Her endeavor would benefit only her individual students and clients, not the broader field or economy, so waiver was not warranted.

An A&R executive at a music label sought EB-1A extraordinary ability in the arts. The AAO found one criterion met: leading or critical role. Two claimed criteria—original contributions and commercial success—were rejected as lacking evidence of major significance and sales documentation respectively, failing the three-criterion threshold.

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.

Art director and visual effects artist sought EB-1A classification. Met three criteria: published material, exhibitions, and awards. However, AAO found single award eight years prior and limited press coverage insufficient to demonstrate sustained acclaim or placement among small percentage at field top.

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.

A wrestler competing internationally sought EB-1A extraordinary ability classification. He claimed awards, membership, published material, and leading role criteria. The AAO found awards and membership met but rejected published material and leading role due to insufficient evidence and documentation, and concluded the aggregate record did not demonstrate sustained acclaim required for the classification.

A testing and commissioning engineer sought extraordinary ability classification and claimed six evidentiary criteria on appeal: awards, membership, salary, judging, original contributions, and leading or critical role. The AAO dismissed the appeal, finding none satisfied because the evidence was insufficient, such as automatic membership, unspecific letters, and no shown distinguished reputation.

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.

Digital graphics designer employed by a company seeks EB-1A classification claiming awards, published material, leading role, and high salary. AAO found only leading role criterion met. Award lacked proof of national recognition, articles were about company not individual, and salary lacked comparative evidence. Appeal dismissed.

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.

Chief technology officer sought EB-1A extraordinary ability classification. AAO found only one criterion clearly met (judging) and concluded record lacked sustained national or international acclaim or placement at top of field, dismissing appeal.

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.