Published AAO appeal decisions

Musician transitioning to music director sought EB-1A extraordinary ability. Director found petitioner met zero criteria; AAO affirmed that awards and membership claims failed and overall evidence did not establish sustained acclaim or elite status. Appeal dismissed.

A bioinformatics doctoral candidate and researcher sought EB-1A classification. Evidence met three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO dismissed the appeal because the final merits analysis showed insufficient sustained national or international acclaim and that applicant was not among the small percentage at the very top of his field.

Brazilian Jiu-Jitsu competitor claiming extraordinary ability. AAO dismissed appeal on procedural grounds: petitioner received RFE identifying evidentiary deficiencies but failed to respond with requested evidence or arguments, thereby waiving or abandoning claims. Even on merits, record lacks evidence of sustained national or international acclaim at top of field.

A supermodel self-petitioned for EB-1A extraordinary ability. Demonstrated only one criterion: judging others' work. Failed to establish the three criteria required. AAO affirmed denial based on unmet evidentiary threshold.

Professional ballroom dancer and choreographer sought EB-1A extraordinary ability classification. Claimed eight criteria and met two: lesser awards and judging. AAO found published material criterion unmet because YouTube videos lack status as professional or major media, and association membership lacked documentary evidence of achievement requirements. With only two criteria met, petition failed three-criterion threshold.

A businessman claiming extraordinary ability was denied by service center. AAO summarily dismissed the appeal for procedural defects. Subsequent motions to reopen and reconsider were denied because petitioner submitted no new documentary facts or legal errors, only duplicative arguments and prior decisions.

An engineer seeking EB-1A classification for a startup thermal energy and heat pump systems business claimed two criteria. The AAO found neither the degree nor professional memberships satisfied the requirements and concluded the record does not establish sustained national or international acclaim required for extraordinary ability.

A model and pageant/fashion choreographer claimed four EB-1A criteria on appeal. The AAO dismissed the appeal, finding she met only the judging criterion and failed two others, thus falling below the three-criterion threshold required for extraordinary ability classification.

Shoe designer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held petitioner lacked sustained national or international acclaim and failed to contextualize accomplishments relative to other top designers.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

Master hairstylist and general manager in hairstyling seeking EB-1A extraordinary ability. Established three of ten criteria through publications, artistic display, and critical role. AAO dismissed appeal finding press coverage and showcase participation insufficient to establish sustained national or international acclaim or top-tier status.

A musician sought EB-1A classification by claiming eight criteria. The AAO found one criterion satisfied but dismissed the appeal because the petitioner failed to establish three of ten required criteria. The decision held that the petitioner lacked the sustained national or international acclaim and top-tier status required for extraordinary ability.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

A dancer and dance instructor seeks EB-1A classification. The petitioner claimed four criteria, but the AAO found the awards lacked national recognition and judging evidence was deficient. Two other criteria were reserved as not dispositive. The AAO dismissed because petitioner failed to meet either one major award or three of ten criteria, lacking sustained acclaim at the top of the field.

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

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.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Self-petitioner integration architect in energy efficiency claiming extraordinary ability. Advanced three criteria on appeal; failed original contributions as major significance not demonstrated beyond employer context. AAO dismissed appeal because claimed criteria insufficient and aggregate record lacks sustained acclaim.

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.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

A Russian-trained musician seeks EB-1A classification for extraordinary ability. He claimed five criteria but only addressed awards on appeal. The AAO found he failed to satisfy three of ten criteria and lacks sustained national or international acclaim required for the classification.

A Kyrgyz history and culture scholar claims extraordinary ability in EB-1A. Director found evidentiary criteria met but denied on final merits. AAO sustained denial, finding the petitioner accomplished but not among the very top of the field despite national recognition and publications.

Gymnastics coach sought EB-1A extraordinary ability classification. Claimed five criteria; AAO found only judging criterion met. Appeal dismissed because petitioner failed to establish three required criteria and lacks sustained national or international acclaim at top of field.