Published AAO appeal decisions

Medical scientist sought extraordinary ability in sciences. Claimed six criteria but met none. AAO found judging role merely managerial, original contributions limited to employer, published articles not in major venues, and leadership role impact undemonstrated. Aggregate evidence insufficient for elite status.

A mathematics professor self-petitioner sought EB-1A extraordinary ability classification. The AAO affirmed that he satisfied only two criteria: judging and scholarly articles. His original contributions claim failed because citation counts and expert assertions did not demonstrate major significance in mathematics, and he did not reach the three-criterion threshold.

A sculptor sought extraordinary ability classification in the arts. The director found only the exhibition criterion met. The AAO found two criteria satisfied, published material and exhibitions, while awards and original contributions failed for lack of evidence of recognition or impact, so fewer than three were established.

Data science researcher self-petitioner claimed extraordinary ability under EB-1A. Met three evidentiary criteria but failed to demonstrate sustained national or international acclaim or top-tier status in the field. AAO dismissed appeal, finding publication record lacks recent work and citation impact insufficient.

Computer engineering researcher claims extraordinary ability. Met only one criterion: scholarly articles. AAO found original contributions lacked evidence of major significance; rejected other criteria. Did not establish sustained acclaim or position at top of field.

Saxophonist and yoga instructor claims extraordinary ability in arts. Met only exhibitions criterion. AAO rejected membership, original contributions, leading role, and high salary claims. Prior O-1 approval did not bind I-140 decision; failed three-criterion threshold.

Dancer and choreographer sought extraordinary ability classification. Claimed six criteria but met only one. Decision held that nominating is not receiving an award, performances lack field impact, and background dancer role lacks responsibility for organizational success or commercial outcomes.

Journalist covering South Asia sought extraordinary ability classification. Claimed six criteria but met only one. Decision rejected award nomination, articles not about petitioner, judging unsupported by documentation, and journalism work lacking field-wide impact despite employment at distinguished news organization.

An agent petitions for a professional photographer from Argentina seeking O-1A classification. Petitioner presented articles, testimonials, and work history as photographer. AAO found evidence failed to satisfy required evidentiary criteria: no significant award, no published recognition of individual achievements, no demonstrated lead role at distinguished organizations.

An agent sought O-1A classification for an actor beneficiary. The beneficiary satisfied only one of six required criteria; the decision found insufficient evidence of future leading roles and failed to provide required consultation from a peer group in performing arts, resulting in dismissal.

A medical researcher and psychiatrist sought EB-2 classification with a national interest waiver of the job offer requirement. The petitioner did not respond to an AAO request for evidence on the Dhanasar framework. Alternatively, the AAO found the proposed endeavor lacked substantial national importance details and the petitioner was not well positioned to advance it. Appeal dismissed.

A taekwondo athlete self-petitioned for EB-1A extraordinary ability status. The petitioner claimed five criteria were met. The AAO found none satisfied: medal coverage lacked international press recognition, team membership not exclusive, media outlets unverified, judging only youth-level, and competition display not exhibition. Appeal dismissed.

A ballroom dance instructor and competitive athlete from Ukraine seeks O-1A classification. Only satisfied one of eight evidentiary criteria: judging. Awards lacked documented national recognition, membership requirements undemanding, published material regional not major, and salary not elevated. Decision held insufficient evidence to establish extraordinary ability.

Banking executive sought EB-1A extraordinary ability in business. Met two criteria: leading critical role and high salary. Failed to meet third required criterion on original contributions. AAO found aggregate evidence insufficient and did not conduct final merits determination.

A video producer and director claimed EB-1A extraordinary ability. The AAO held he failed to establish initial evidence, meeting only two criteria when three were required and lacking a major internationally recognized one-time achievement. Aggregate evidence did not demonstrate the expertise level required for this classification.

Cell biologist sought EB-1A extraordinary ability in sciences. Petitioner met initial three criteria: judging, original contributions, and scholarly articles. On final merits analysis, AAO found petitioner's accomplishments not commensurate with sustained national or international acclaim required. Appeal dismissed.

Martial arts instructor and referee sought EB-1A extraordinary ability in athletics. Petitioner claimed six criteria but satisfied only judging criterion. Without three criteria met, petitioner failed initial evidence requirement. Appeal dismissed.

Kickboxer sought EB-1A extraordinary ability in athletics. Petitioner claimed five criteria on appeal. AAO found only judging criterion satisfied. Without meeting at least three criteria, petitioner failed initial evidence requirement. Appeal dismissed.

An automation and optimization supervisor sought EB-2 classification with NIW under Dhanasar. The AAO found he qualified as advanced degree professional but rejected the NIW, determining his proposed SAP project work lacks national importance beyond his employer and that waiving the job offer requirement would not benefit the United States.

An actor from Nepal sought EB-1A classification as an artist of extraordinary ability. He met three initial criteria: published material, awards, and exhibitions. The AAO dismissed the appeal on final merits, finding insufficient evidence of sustained national or international acclaim or recognition at the very top of his field.

Doctoral candidate in medical research seeking EB-2 NIW for developing medical devices for organ preservation and hypoxia treatment. AAO found first prong met but dismissed, finding petitioner not well-positioned to advance endeavor due to lack of Ph.D. at filing and insufficient connection of prior research to proposed medical device work.

Music producer sought EB-1A extraordinary ability classification. AAO found he met three initial evidence criteria but failed final merits determination: recognition limited to collaborators and associates, lacking sustained national or international acclaim positioning him among the very top of the field.

Table tennis player seeking EB-1A extraordinary ability claimed one-time achievement and three criteria. Met only awards and published material criteria (two total), falling short of three required. No major internationally recognized award found. Appeal dismissed.

Sports manager seeking EB-1A extraordinary ability classification claimed three criteria but met none. Decision found membership did not require outstanding achievements judged by experts, publications lacked evidence of major media status, and business founding lacked demonstrated major field impact. Appeal dismissed.