Published AAO appeal decisions

Fine artist petitioned for extraordinary ability classification claiming awards, judging, and published material. AAO found awards lacked national recognition, judging criterion unmet as residencies are not prizes, and publications in small media insufficient. Evidence did not demonstrate sustained acclaim at very top national or international level.

Natural bodybuilder sought EB-1A classification claiming five criteria met. AAO found competitive achievements limited to amateur tournaments without evidence of national or international recognition. Appeal dismissed because petitioner failed to establish sustained acclaim at top level.

Pianist holding O-1 visa sought EB-1A classification. Evidence included local performances and newspaper reviews. AAO found standards dramatically different between O-1 and EB-1A, dismissed appeal because petitioner failed to meet three criteria or show sustained acclaim at very top level.

Software engineer petitioner claimed four criteria for extraordinary ability classification. AAO found the awards criterion met but withdrawn published material and original contributions criteria as not meeting acclaim standard. Scholarly articles criterion also failed. Overall, evidence insufficient to establish sustained national or international acclaim at the very top of the field.

Competitive rifleman from Venezuela sought EB-1A extraordinary ability classification in athletics. Met awards criterion with 2002 South American Games medal but failed to demonstrate sustained international acclaim after 2003 or meet three required criteria. Appeal dismissed for insufficient evidence of continued excellence.

Sambo athlete petitioned for EB-1A extraordinary ability in athletics. Claimed awards at junior-level championships and association membership. AAO found junior competitions not at top level, awards unverified, membership criteria unmet, and competitive victories insufficient as original contributions. Appeal dismissed.

Oil painter filed EB-1A petition with evidence of exhibitions in multiple countries. AAO found exhibitions criterion met but rejected awards, membership, and publications as lacking national or international recognition. Overall evidence insufficient to establish extraordinary ability at field's apex.

Commercial printing company petitioner seeking classification for beneficiary in business. Claimed beneficiary won prestigious awards and selections; AAO found special assignments and cadet-level awards lack required national or international recognition. Evidence insufficient to show extraordinary ability among small percentage at top of field.

Artist seeking EB-1A extraordinary ability in the arts. Petitioner submitted evidence relating to awards, publications, scholarly articles, leading role, and commercial success criteria. AAO held none met; no sustained acclaim demonstrated and record contained no evidence of sustained acclaim after U.S. entry.

Biophysics researcher seeking EB-1A in sciences. Counsel submitted brief and evidence addressing awards, membership, judging, original contributions, and scholarly articles criteria. AAO upheld denial, finding only scholarly articles criterion met but overall evidence insufficient for extraordinary ability at very top level of field.

A law office sought to employ an accountant as an H-1B specialty occupation worker, not O-1A. The director denied the petition. The AAO dismissed the appeal because the position resembled a bookkeeping or accounting clerk role that does not require a bachelor's degree in a specific specialty, and no specialty occupation criterion was satisfied.

Professional musician, composer and producer self-petitioner sought EB-1A classification. Claimed awards, membership, published material, and critical role criteria. AAO affirmed dismissal finding petitioner failed to substantiate any criteria adequately and did not meet requirement of three satisfied criteria.

Research scientist sought EB-1A extraordinary ability classification in sciences. Claimed awards, membership, published material, judging, original contributions, and scholarly articles. AAO found only scholarly articles criterion met; evidence insufficient to demonstrate sustained national acclaim or place among top percentile required for final merits step.

An artist sought extraordinary ability based on awards, board membership, published material, and exhibitions. The AAO found fraudulent submissions of three articles and that remaining evidence failed to meet three criteria. Appeal dismissed with fraud finding.

Self-represented artist claimed extraordinary ability through awards, membership, publications, and exhibitions. The AAO found awards were local or provincial, publications insufficient, and exhibitions not at significant venues. Petition dismissed with fraud finding for misrepresenting another individual's achievements.

An accountant position offered by a merchandise wholesaler was filed as an H-1B specialty occupation petition, not an extraordinary ability petition. The employer argued the job requires a bachelor's degree in accounting. The appeal was dismissed because the duties were described generally and none of the four specialty occupation criteria was shown.

Volleyball athlete and aspiring coach claimed extraordinary ability through awards, national team membership, and contributions to winning teams. AAO found only two criteria met with weak evidence of sustained acclaim and held coaching expertise not established, so petition dismissed.

Dermatologist and ophthalmologist researcher claimed extraordinary ability through five criteria including publications and original contributions to treatment innovations. AAO found only one criterion met and held evidence insufficient for sustained acclaim, dismissing petition.

Business operations specialist self-petitioner in real estate sought EB-1A classification. AAO dismissed appeal, finding petitioner submitted only personal statements and character letters without addressing any of ten regulatory criteria and failed to document sustained national or international acclaim.

Film and theater performer sought EB-1A classification through awards, membership, leading roles, and commercial success. AAO dismissed appeal, finding only one criterion met and evidence insufficient to show petitioner among small percentage at top of field.

Performing artist in Chinese opera sought EB-1A extraordinary ability. Claimed awards, membership, and published material. AAO rejected all criteria due to youth awards, provincial recognition, missing documentation, and discrepancies in award dates; dismissed appeal for failure to meet three-criterion threshold.

A newly formed company sought to employ a chief financial officer for a planned retail food store, classified as a specialty occupation worker under the H-1B category. The AAO dismissed the appeal because the duties and the start-up's circumstances did not show the position required a specific bachelor's degree. This is not an O-1A matter.

Research assistant professor in neuroscience sought EB-1A extraordinary ability. Claimed awards, membership, published material, scholarly articles, and original contributions. AAO rejected all criteria, finding provincial awards, unsubstantiated membership, and publication record insufficient for national or international acclaim, dismissing appeal.

Research associate in environmental science filed for extraordinary ability EB-1A. Claimed awards, membership, publications, judging, scholarly articles, and critical role. AAO found one award met but rejected all other criteria as insufficient evidence of national or international acclaim, dismissing appeal due to failure to satisfy minimum three criteria.

Researcher in photodynamic therapy sought EB-1A classification claiming extraordinary ability through judging and original contributions. AAO found two criteria met but concluded overall evidence does not demonstrate sustained national or international acclaim or placement in small percentage at top of field.