Published AAO appeal decisions

An athlete in arts and athletics sought extraordinary ability classification. The AAO found no major internationally recognized awards and concluded youth/amateur competition awards do not demonstrate sustained national or international acclaim at the very top level required.

Filmmaker petitioner claimed extraordinary ability based on film awards and Emmy judging. AAO held neither criterion met: festival prizes lack major international recognition required, and Emmy judging is separate regulatory criterion not claimed initially. Evidence of one successful film insufficient for sustained top-level acclaim.

Soccer player petitioner claimed extraordinary ability based on youth and amateur tournament awards. AAO held awards from amateur and youth competitions do not demonstrate sustained acclaim at very top of professional field. Evidence insufficient to establish petitioner among small percentage at top.

Traditional Thai musician petitioner claimed extraordinary ability based on youth award and performances for officials. AAO held youth student award insufficient for nationally recognized prize; performances fall under display criterion. Evidence insufficient for sustained international acclaim at very top of field.

Self-petitioner in sciences claims extraordinary ability. Petitioner submitted evidence of honorary doctorate and association membership. AAO found honorary doctorate not nationally or internationally recognized and association membership not analyzed. Appeal dismissed; petitioner failed to establish sustained national or international acclaim.

Senior transportation and ITS analyst seeks EB-1A extraordinary ability classification. The AAO affirmed denial, finding the petitioner did not meet three criteria and lacked sustained national or international acclaim at the very top of the field.

Artist seeking EB-1A extraordinary ability classification. The appeal was summarily dismissed because counsel failed to identify any specific erroneous conclusions of law or fact and made only vague assertions about proof standards without elaboration.

Artist in the arts seeks EB-1A extraordinary ability classification. The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusions of law or fact on appeal and submitted no arguments or evidence addressing the regulatory criteria.

Professional shooter and trainer seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding national shooting championship awards do not establish sustained international acclaim and achievements lack the evidence required for extraordinary ability status.

Scientist in optical engineering sought extraordinary ability classification. Failed to establish nationally recognized awards or original contributions of major significance. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Medical researcher sought extraordinary ability as alien of extraordinary ability. Failed to establish receipt of nationally recognized awards or membership requiring outstanding achievement. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Artist claimed extraordinary ability in the arts. Met one criterion (published material) but failed to meet at least three required criteria or demonstrate sustained national or international acclaim at the very top of the field. AAO affirmed denial.

Athletic coach sought extraordinary ability classification. Met two criteria (awards and leading role) but needed three. AAO rejected argument that same evidence satisfies membership criterion separately, finding petitioner lacked sustained national or international acclaim at coaching's very top level.

A Peking opera performer claimed extraordinary ability through awards and association membership. The AAO found awards limited by age are not nationally recognized, membership evidence insufficient, and aggregate evidence insufficient to show sustained acclaim at the top of the field.

A graphic designer claimed extraordinary ability through student awards and association membership. The AAO rejected student-level awards as insufficient, found no evidence of membership requirements for outstanding achievement, and concluded aggregate evidence fails to show top-level sustained acclaim.

Professional soccer player and instructor seeking EB-1A classification as self-petitioner. Claimed awards and published material from 1990s; intended to work as coach in United States. AAO found awards too old and awards from unclear league, articles stale, and coaching distinct from competitive playing. Appeal dismissed.

A businessman in concrete technology claimed extraordinary ability through family honors, association membership, and published material. The AAO found family honors do not apply to petitioner, membership criteria unmet, articles insufficient, and aggregate evidence insufficient to establish top-level sustained acclaim.

A writer from Nepal claimed extraordinary ability through an award, published material, and judging experience. The AAO found the award predated filing by six years insufficient for sustained acclaim, publications either incidental or too old, local volunteer judging insufficient, and poor English proficiency undermined intent to work as U.S. writer.

A performing artist sought EB-1A extraordinary ability classification. Claimed Filipino Awit Award and association membership. AAO held Awit Award reflects only national, not international, recognition; insufficient to meet criteria; and petitioner failed to demonstrate sustained top-level acclaim or intent to continue work in United States.

An actor previously approved for EB-1A sought reclassification. Claimed award nominations and commercial success. AAO held nominations are insufficient; actual award receipt required; critical and commercial success are distinct; and current evidence fails to show sustained top-level acclaim despite prior approval.

A petitioner filed EB-1A petition with no evidence supporting regulatory criteria. AAO held petitioner submitted no evidence meeting any criterion; additionally, petitioner knowingly submitted altered documentation with false dates and signatures to mislead USCIS. Appeal dismissed with finding of fraud and willful misrepresentation.

A musician and drummer sought EB-1A extraordinary ability classification. Claimed ASCAP membership, published materials, and original contributions to music field. AAO held membership criterion not met because ASCAP does not require outstanding achievement; other criteria unsupported by evidence; and overall evidence insufficient to show sustained top-level acclaim necessary for classification.

A scientist sought EB-1A classification as an alien of extraordinary ability. The director found no major internationally recognized award and fewer than three regulatory criteria met. On appeal, counsel offered only general statements without identifying any error of law or fact, so the AAO summarily dismissed the appeal.

Jockey claimed extraordinary ability in athletics through awards, published materials, and critical role. AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim at the very top level of the profession.

Postdoctoral research fellow in muscle biology and insulin-like growth factor research claimed extraordinary ability through awards, memberships, peer review, and contributions. AAO affirmed denial, finding petitioner failed to meet three of ten criteria and lacked sustained national or international acclaim at the very top level.