Published AAO appeal decisions

Author sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner satisfied fewer than three initial regulatory criteria; withdrew published material finding and rejected high salary claim, concluding overall record lacks evidence of sustained acclaim required for top-tier classification.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

Music event producer claimed six extraordinary ability criteria. Director found only judging criterion met. Petitioner appealed with new evidence on awards, original contributions, and exhibitions. AAO affirmed dismissal: awards lacked field recognition, exhibitions were not artistic in nature, and only one criterion met precluded the three-criterion threshold.

Telematics systems engineer and CEO of tracking technology company. Self-petitioner seeking EB-1A extraordinary ability classification. Met three of seven claimed criteria but failed final merits determination; lacked sustained national or international acclaim required for top-tier classification.

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.

Brazilian jiu-jitsu competitor seeking EB-1A extraordinary ability. AAO affirmed denial because petitioner failed to meet major award criterion and could not satisfy three initial criteria. Tournament awards in Master division lack sufficient context and do not demonstrate excellence. No final merits analysis reached.

Social media influencer sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner satisfied no evidentiary criteria. Platform Platinum status is objective threshold not requiring expert judgment; income alone insufficient for commercial success; record lacks evidence of sustained national acclaim or position at field's top tier.

Photographer sought EB-1A extraordinary ability classification. AAO held petitioner failed to meet three evidentiary criteria; membership and published material criteria were not satisfied. Final merits step not reached because criteria threshold not met.

A digital influencer with content on TikTok and YouTube sought EB-1A extraordinary ability classification. Claiming seven criteria, she established none sufficiently. The AAO rejected awards, membership, published material, original contributions, and commercial success findings; high salary and judging were not analyzed. Without three criteria met, she failed the initial requirement and was ineligible.

Weapons development specialist from Ukraine sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met at least three criteria but failed final merits determination, showing only government-level recognition without demonstrating sustained national or international acclaim.

Long-distance runner sought EB-1A classification claiming extraordinary ability. AAO dismissed appeal finding one criterion met but aggregate evidence insufficient; runner did not demonstrate sustained national or international acclaim or position among small percentage at field top.

A visual artist sought EB-1A extraordinary ability classification. Though the AAO found the petitioner satisfied at least three evidentiary criteria, she failed the final merits determination; her government and youth awards, membership, and modest annual media coverage did not establish sustained national or international acclaim or placement among the very top of the field.

A beautician and eyelash artist sought EB-1A extraordinary ability classification. She met at least three evidentiary criteria through awards, membership, published material, and judging work. However, the AAO found she failed to demonstrate sustained national or international acclaim or that she ranks among the very top in her field, thus lacking the final merits showing required for the classification.

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

A Brazilian jiu-jitsu athlete seeks EB-1A classification for extraordinary ability. Though three criteria were met (awards, judging, exhibitions), the AAO found the totality of evidence does not establish sustained national or international acclaim or place among the very top of the field.

Web developer and digital designer seeking EB-1A extraordinary ability classification. Petitioner claimed three evidentiary criteria but lacked documentary evidence for association membership. AAO held petitioner failed to meet minimum three criteria; even in aggregate, record does not support sustained national or international acclaim required; appeal dismissed.

An oil industry professional seeking EB-1A extraordinary ability classification claimed four criteria including awards, membership, original contributions, and leading role. The AAO dismissed, finding none met the standards; the honorary certificate and professional association membership lacked required recognition level, and employer contributions did not establish national acclaim.

Television and film producer sought EB-1A extraordinary ability classification. Met published material criterion but failed three remaining claimed criteria. Appeal dismissed because petitioner established only one criterion and lacks sustained national or international acclaim at top of field.

A martial arts instructor claimed three EB-1A criteria: association membership, published material, and leading roles. The AAO found membership did not satisfy regulatory requirements, and with only three criteria claimed, failure of one prevented reaching the minimum threshold. Appeal dismissed without final merits analysis.

An individual sought EB-1A classification based on extraordinary ability. The Director found he met three initial evidentiary criteria but lacked sustained national or international acclaim and top-tier status. The AAO affirmed dismissal, finding the petitioner waived the challenge to the intent-to-continue-work requirement by not addressing it on appeal, making that dispositive issue sufficient to dismiss without reaching other arguments.

Biochemist seeking EB-1A claimed extraordinary ability in sciences. AAO held petitioner met only two criteria and failed on original contributions because evidence lacked objective demonstration of major significance, reliable citation metrics, or proof of field-wide impact.

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.

Jiu-jitsu athlete seeking EB-1A extraordinary ability classification. Met lesser awards criterion but failed to establish three alternate regulatory criteria. Publications did not meet major media standard; training program lacked evidence of broader impact or major significance. Dismissed for insufficient criteria.