Published AAO appeal decisions

Documentary filmmaker claimed extraordinary ability in arts. Director found four criteria met; AAO withdrew two findings (awards, published material). Only one criterion ultimately met (judging), below three-criterion threshold. No sustained national or international acclaim shown. Appeal dismissed.

Spa design and wellness professional sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met only two criteria (judging, leading role), falling short of three-criterion requirement, and lacked evidence of sustained national or international acclaim or top-tier field status.

This decision concerns an O-2 visa petition for an accompanying individual to a race car driver with O-1 status. The petitioner is an automobile racing business. The AAO affirmed the director's revocation, finding the beneficiary lacked substantial experience performing critical skills for the O-1 athlete and was not integral to the athlete's performance or events.

A master embroidery artisan claimed extraordinary ability in traditional Uzbek embroidery, alleging five criteria satisfied. The AAO upheld the Director's revocation, finding only one criterion met and rejecting the others for lack of objective evidence: no major award, unverified membership, insufficient scholarly publication, and contributions lacking demonstrated field impact.

A research scientist in public health claiming extraordinary ability presented evidence of judging and scholarly articles. The AAO dismissed the appeal because although two criteria were met, the third claimed criterion on original contributions of major significance failed: the evaluation plan lacked evidence of pre-filing implementation or major field-wide impact.

A Chinese language teacher at a private high school sought O-1A classification for extraordinary ability in education. The petitioner claimed the beneficiary met two of eight evidentiary criteria through awards and professional memberships. The AAO found neither criterion satisfied because the awards lacked national or international recognition and the associations did not require outstanding achievement for membership.

A performing artist and actor initially claimed four criteria met but only two were sustained by the AAO: judging and artistic display. The appeals court found the published material criterion unsatisfied due to missing author attribution and unproven media status, leaving insufficient criteria met and no evidence of top-tier acclaim.

Post-doctoral researcher in medicine sought EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. Insufficient evidence of major significance or field-wide impact. Appeal dismissed.

Multilingual voice-over artist sought EB-1A extraordinary ability. Met awards criterion only. Failed published material, critical role, and high salary criteria. Insufficient evidence of three required criteria or sustained acclaim. Appeal dismissed.

A television production company petitioned for O-1 classification for a television host and producer. The company failed to submit required written consultations from an appropriate labor union and management organization despite two requests for evidence and six weeks to respond. The AAO dismissed the appeal because the consultation requirement was not satisfied, leaving extraordinary ability criteria unanalyzed.

A jiu-jitsu coach claims extraordinary ability based on six criteria. The decision finds insufficient evidence for membership, published material, original contributions, leading role, and high salary. Comparable evidence arguments rejected. With no criteria met, extraordinary ability is not established.

A molecular diagnostics company employed a scientist claiming extraordinary ability in sciences. Director found four criteria met, but AAO reversed original contributions and high salary findings. With only two criteria solidly met and no showing of sustained national acclaim at field's top, appeal dismissed.

Handball player seeks EB-1A extraordinary ability in athletics. Met only awards criterion. AAO dismissed appeal, finding petitioner failed to satisfy three criteria minimum: judging role unsupported by documentary evidence, junior team and reserve membership lacked expert judgment requirement, published material from non-major publication, and team captain role insufficient for sustained acclaim.

A journalist claimed extraordinary ability through five criteria, meeting at least three via awards, publications, judging, and a leadership role. The AAO found the evidentiary criteria satisfied but dismissed the appeal because the totality of evidence, particularly the awards, demonstrated only local and regional recognition rather than the sustained national or international acclaim required.

A Taekwondo competitor and trainer claimed extraordinary ability through three criteria. The AAO found the petitioner satisfied only one criterion and dismissed the appeal because the evidence fell short of meeting the three-criterion minimum required for further review.

A chemical engineering research engineer sought EB-1A classification. AAO affirmed the director's finding that he met only two criteria: judging and scholarly articles. Original contributions were not shown to be major significance beyond his employer. Leading role criterion failed because criticality was limited to research group. Appeal dismissed.

Journalist in Brazil sought EB-1A extraordinary ability. Petitioner claimed membership, published material, and scholarly articles criteria but satisfied only two: scholarly articles and published material. The AAO reversed published material finding, concluding articles focused on petitioner's works rather than the petitioner, and rejected membership as the association does not require outstanding achievements, leaving only one criterion met.

A taekwondo school sought O-1 extension for an athlete-turned-instructor. The AAO found beneficiary satisfied none of eight evidentiary criteria: awards lacked proper translation and recognition, membership reflected experience not achievement, published material was incomplete, and judging duties were administrative. The AAO dismissed the appeal.

Record label petitions for creative director as EB-1A extraordinary ability in arts. Beneficiary met two criteria (leading role, high salary) but petition failed because petitioner could not demonstrate three minimum criteria: awards were not nationally recognized, membership lacked evidence of outstanding achievement requirements, and published material lacked proper documentation.

Researcher in School of Medicine seeks EB-1A extraordinary ability in sciences for work on genetic mutations and microcephaly. Petitioner met two criteria (judging, scholarly articles) but failed to meet three minimum. Original contributions criterion failed because research citations and textbook inclusion were insufficient evidence of major field significance.

Architect sought EB-1A extraordinary ability classification. Director found one criterion met; petitioner on appeal claimed three additional criteria. AAO found petitioner met none of the four criteria claimed and failed to establish three of ten required criteria. Appeal dismissed.

Pediatric critical care physician sought EB-2 national interest waiver for clinical research role. AAO found her research had substantial merit and national importance, but concluded she was not well positioned to advance the work beyond patient care to impact the field broadly, denying the waiver.