Published AAO appeal decisions

A symphony orchestra petitioned to employ a pianist as O-1A nonimmigrant. The petitioner claimed extraordinary ability through awards, lead performer status, published recognition, and commercial success. The AAO found the petitioner failed to demonstrate a significant national or international award and satisfied none of four claimed evidentiary criteria, dismissing the appeal.

A kickboxer sought EB-1A extraordinary ability classification. The petitioner claimed five criteria but the AAO found only one met: awards. Membership, published material, judging, and critical role were all rejected for insufficient documentation or failure to meet regulatory requirements. The petition was dismissed.

Integrative medicine professional with advanced degree sought EB-2 NIW. AAO found first Dhanasar prong met regarding research merit and national importance, but rejected petition after finding petitioner not well positioned to advance proposed research due to lack of success record or demonstrated interest from field.

A postdoctoral researcher in life sciences sought EB-1A classification. AAO found he met only two of ten criteria: judging and scholarly articles. The original contributions criterion was rejected because citation counts and reference letters did not demonstrate major significance to the overall field. Appeal dismissed.

Physician and neurology researcher seeks NIW for EB-2 based on mobile app development to improve stroke treatment. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because applicant failed to demonstrate he is well positioned to advance the project through business experience or funding documentation.

Blockchain solution architect seeks EB-1A extraordinary ability in business. Petitioner met only high salary criterion but failed to satisfy three minimum criteria: published material lacked required documentation, original contributions lacked evidence of field significance, and leadership role organizations lacked distinguished reputations. Appeal dismissed.

A Georgian folk dance studio petitioned for a choreographer beneficiary as O-1 extraordinary ability in the arts. The director found one criterion met; the petitioner claimed two additional criteria on appeal. The AAO found no evidence of lead or starring roles with distinguished reputation organizations, no sufficient information on future roles, and comparable evidence arguments failed. Fewer than three criteria met; appeal dismissed.

A mental training company petitioned to employ a life coach for O-1A classification in sciences. The appeal was dismissed because the beneficiary failed to meet the major award criterion and did not satisfy three of eight evidentiary criteria; testimonials and salary evidence lacked required corroboration and specificity.

Martial artist sought EB-1A extraordinary ability classification in athletics. AAO found he met only two criteria and withdrew the director's favorable determinations on two others, concluding he failed to meet the required three initial criteria and lacked evidence of sustained national or international acclaim.

Violist sought EB-1A extraordinary ability classification in the arts. AAO found she satisfied only one of ten required criteria, lacking sufficient evidence of national or international recognition, critical roles, or commercial success to demonstrate sustained acclaim and top-tier status.

Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. Appeal dismissed.

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

Aerospace engineer with advanced degrees in mathematics and engineering sought NIW. AAO found both proposed engineering and STEM teaching endeavors lacked national importance and he lacked sufficient record demonstrating he was well positioned to advance them. Appeal dismissed.

Actor and acting coach seeking EB-1A extraordinary ability claimed six criteria but met only exhibitions. Awards lacked proof of recognition, memberships lacked expert judgment, published material uncorroborated, judging informal only, salary unsubstantiated, and commercial success lacked sales data. Appeal dismissed.

A medical business strategist recent graduate claimed five criteria. Awards were school-based and unrelated to claimed field; published articles were not about her; membership lacked required achievement standards; internship role lacked documented distinguished institution status. AAO found zero of three required criteria met and dismissed.

A humanitarian aid organization petitioned for beneficiary co-founder of human rights organizations in Nigeria. Director found one criterion met; beneficiary met only leading or critical role. Appeals of awards and published material criteria failed. AAO dismissed for meeting only one of three required criteria.

An equestrian farm petitioned for O-1 classification of an athlete beneficiary in athletics. The service center denied the petition. On appeal the filer submitted only a general statement and no promised brief or evidence, so the AAO summarily dismissed the appeal for failing to identify a specific legal or factual error.

Public administration professor and development institute director in Korea sought EB-2 national interest waiver. AAO dismissed appeal, finding petitioner failed to identify specific proposed endeavor with sufficient clarity and did not establish substantial merit, national importance, or that waiver would benefit the United States.

Lawyer-engineer claimed extraordinary ability in engineering and intellectual property. Met three initial criteria but AAO found lack of sustained national or international acclaim. Evidence predominantly from 1999-2004 with no recent accomplishments; awards lacked national or international recognition despite professional activity.

Sitting volleyball coach claimed extraordinary ability in athletics based on 1990 gold medal and multiple criteria. Met one criterion (lesser award) but failed to meet requirement of three criteria. AAO found record did not support level of expertise for extraordinary ability classification in sports.

Internal medicine physician claimed extraordinary ability in sciences. Met two criteria (judging and scholarly articles) but failed to meet three-criterion threshold. Original contributions lacked major significance; leading role not demonstrated at distinguished organization. Aggregate review found insufficient expertise.

A lawyer sought NIW as EB-2 advanced degree professional, proposing to provide legal services. The AAO dismissed, finding her tax advice practice lacks national importance and her evidence of pro bono experience does not support her stated tax law endeavor. The first prong failed; remaining prongs were not addressed.

A forensic DNA analyst sought NIW as EB-2 advanced degree professional, proposing to continue laboratory work analyzing DNA evidence. The AAO dismissed, finding substantial merit but lacking national importance since her laboratory work does not demonstrate impact beyond her employer or broader contributions to forensic science advancement.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.