Published AAO appeal decisions

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

Geologist and petroleum researcher claiming extraordinary ability in hydrocarbon modeling. Failed to meet three criteria threshold. Awards not nationally recognized, judging role informal only, and original contributions lacked major field significance. Appeal dismissed; petitioner did not establish required expertise level.

Canyoneering guide sought extraordinary ability in athletics. Claimed membership and published material criteria but failed to satisfy initial evidentiary requirements. AAO found membership standards did not require outstanding achievements and articles lacked publication in major venues.

A food manufacturing company petitioned for its beneficiary as an EB-1A extraordinary ability individual in business. The AAO summarily dismissed the appeal because the employer failed to identify specific erroneous conclusions in the service center denial and provided no additional evidence regarding the beneficiary's qualification.

Architect claims extraordinary ability. Met only one criterion: exhibitions. AAO rejected awards, membership, published material, leading role, and commercial success criteria. Found petitioner failed to meet three-criterion threshold; did not establish sustained acclaim or top status.

Dancer and choreographer self-petitioner sought EB-1A extraordinary ability classification. Claimed multiple regulatory criteria but satisfied only one: critical role at distinguished organization. AAO affirmed denial because only one criterion met, not three required, and overall evidence did not show sustained acclaim at top of field.

Researcher in gastroenterology sought EB-1A extraordinary ability. Director initially found only two criteria met, but AAO considered three criteria in final merits determination. AAO found petitioner failed all analyzed criteria and did not demonstrate sustained national or international acclaim required for classification.

Freestyle wrestler sought EB-1A extraordinary ability classification. Met at least three criteria including awards and published material, but failed final merits determination. AAO found evidence did not demonstrate sustained national or international acclaim or place among small percentage at top of field.

A radiation oncologist seeks EB-1A extraordinary ability classification. Claimed multiple criteria; AAO found three criteria technically met but dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or placement at the very top of the field of endeavor.

An opera soprano sought EB-1A classification as an artist of extraordinary ability. She satisfied three initial criteria: awards, judging, and exhibitions. However, the AAO found she failed the final merits determination, lacking the sustained national or international acclaim necessary to demonstrate she is among the small percentage at the very top of her field.

Self-petitioner computational research scientist sought EB-1A classification in sciences. AAO found awards, judging, and original contributions criteria not met. Published material and membership claims abandoned or not analyzed. Petitioner failed three-criterion threshold; appeal dismissed.

A martial artist petitioner sought EB-1A classification. He claimed five criteria but submitted incomplete evidence: award certificates lacked certified translations, published materials were not about him or lacked required information. The AAO found he met none of three required criteria and dismissed the appeal.

A foreign language instructor seeks EB-1A extraordinary ability classification in education. He claimed six of ten regulatory criteria were met. The AAO found awards, published material, and judging criteria unmet under the plain language requirements and comparable evidence rules. The petition was dismissed because the petitioner failed to establish the requisite level of sustained acclaim.

Self-petitioner athletic coach sought EB-1A classification in coaching field. AAO found awards, membership, and published material criteria failed because evidence related to swimmer athlete status, not coaching excellence. Petitioner did not meet three-criterion threshold; appeal dismissed.

Self-petitioner anthropologist sought EB-1A classification claiming awards, publications, original contributions, exhibitions, and leading role. Most criteria raised for first time on appeal without clear connection to anthropology field. Petitioner failed three-criterion threshold; appeal dismissed.

Petitioner claimed extraordinary ability based on lesser nationally or internationally recognized awards including a Telly Award. AAO found no independent objective evidence establishing awards as nationally or internationally recognized for excellence. Petitioner failed to satisfy three-criteria threshold and did not demonstrate required level of expertise. Appeal dismissed.

A writer, motivational speaker, and magician sought extraordinary ability classification. Petitioner claimed awards and membership but failed to meet initial evidence requirement of one-time major award or at least three of ten criteria. AAO found no nationally or internationally recognized award for excellence and petitioner abandoned membership claim, dismissing appeal for lack of qualifying evidence.

Self-petitioner, artist, sought EB-1A classification claiming published material criterion. AAO dismissed appeal, finding evidence was from local rather than major media, did not establish national or international reach, and petitioner failed to meet the three-criteria threshold required for extraordinary ability.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

Self-petitioner, luthier, sought EB-1A classification claiming awards and other criteria. AAO dismissed appeal, finding awards lacked national or international recognition, selection criteria were unclear, and petitioner failed to meet the minimum three-criteria threshold for extraordinary ability.

A fashion journalist sought extraordinary ability classification, claiming at least three regulatory criteria. The appeals office dismissed the appeal because inconsistencies about the awards and published articles were not resolved by independent evidence, leaving the remaining documents unreliable. It also made a finding of willful material misrepresentation based on fabricated documentation.

A mountain climber sought EB-1A classification based on a first place award in a climbing competition and association membership. The AAO found the award lacked evidence of national or international recognition and membership was registration only, not membership requiring outstanding achievements.

A self-petitioner sought extraordinary ability classification, and the director found sustained acclaim not established. On appeal she only promised a later brief and evidence, which never arrived, and she did not identify any specific error. The appeals office therefore summarily dismissed the appeal under the regulation, without analyzing any criteria.

An artist and businessperson sought EB-1A classification claiming multiple criteria. The AAO found published material insufficient, newspaper not major media, and original contributions lacking demonstrated major significance. Three criteria met not established.

Employer-sponsored petition for mechanical engineer to obtain EB-1A extraordinary ability classification was appealed. Petitioner did not establish one-time achievement or three of ten criteria. Published material criterion not met due to insufficient documentation. No comparable evidence permitted for this occupation.