Published AAO appeal decisions

A competitive swimmer sought extraordinary ability classification in athletics. The petitioner met only two of the three required regulatory criteria. The AAO found a bronze medal from years before filing did not demonstrate sustained acclaim at time of petition, and petitioner failed to show entry would substantially benefit the United States. Appeal dismissed.

An analytical chemist sought extraordinary ability classification in the sciences. Petitioner abandoned the membership criterion on appeal and did not meet awards, published material, or aggregate criteria. The AAO found the petitioner talented but not distinguished enough to demonstrate sustained national or international acclaim at the very top level. Petition denied.

A film or television professional sought extraordinary ability classification. Petitioner claimed three regulatory criteria. The AAO found awards limited to collegiate competitions inadequate, membership not based on outstanding achievement, and no published materials meeting the standard. The petition was denied as the petitioner failed to demonstrate sustained national or international acclaim at the very top of the field.

A fashion designer sought extraordinary ability classification. The director found sustained acclaim was not shown. On appeal, counsel cited the comparable evidence provision and promised more material, but nothing arrived in over eight months. The AAO summarily dismissed the appeal because no specific error of law or fact was identified. No criteria were analyzed.

Professional baseball player seeking EB-1A. Claimed single award, Major League Baseball membership, and high salary. AAO found award temporally distant, membership based on employment rather than achievement, and salary documentation not temporally relevant. Overall evidence insufficient to show sustained national or international acclaim at the very top.

Filmmaker in Nepal seeking EB-1A extraordinary ability. Claimed awards, association memberships, and published material. AAO found awards and memberships did not meet regulatory criteria; published material insufficient. Overall evidence fails to demonstrate sustained national or international acclaim placing petitioner at very top of field.

Computer scientist seeking EB-1A extraordinary ability classification. Claimed achievement through three awards from the early 1990s and high salary. AAO found awards limited by age eligibility, temporally distant, and withdrawn salary claim insufficient. Overall evidence fails to demonstrate sustained acclaim at the very top of the field.

Musician and teacher in China seeking EB-1A. Initially approved then revoked. Claimed awards and association memberships as musician and teacher. AAO found award shared among 53 recipients and memberships based on activity and dues rather than outstanding achievement. Overall evidence does not demonstrate sustained international acclaim at the very top.

A self-represented scientist sought extraordinary ability classification. The director found sustained acclaim was not shown. On appeal, the petitioner only asserted generally that more than three criteria were met, without elaboration or new evidence. The AAO summarily dismissed the appeal for failing to identify any specific erroneous conclusion. No criteria were analyzed.

Musician self-petitioner claimed extraordinary ability in arts. AAO dismissed appeal, finding petitioner failed to establish any criterion and lacked evidence of sustained national or international acclaim at the very top of her field.

Research associate self-petitioner claimed extraordinary ability in sciences. AAO affirmed denial, finding petitioner failed to demonstrate major award or meet three regulatory criteria and lacked sustained acclaim at the very top of field.

Taekwondo competitor and coach self-petitioner claimed extraordinary ability in athletics. AAO affirmed denial, finding petitioner failed to establish any criterion and lacked sustained national or international acclaim at the very top of his field as competitor or coach.

A martial artist claimed EB-1A extraordinary ability in athletics based on age-group wushu competition wins and Dan rank advancement. The AAO dismissed the appeal, finding the awards lacked national or international recognition and the evidence did not establish sustained acclaim at the very top of the field.

A petitioner claimed EB-1A extraordinary ability based on competition awards, association lifetime membership, and published materials. The AAO dismissed, finding awards lacked documentation of national or international recognition, membership did not require outstanding achievement, the publication did not relate to his field work, and evidence did not show sustained acclaim.

A research scientist claimed EB-1A extraordinary ability in life sciences based on fellowship, association membership, publications, and guest speaking. The AAO dismissed, finding the fellowship undocumented, membership not based on outstanding achievement, publications routine to the field, no judging role, and insufficient evidence of sustained acclaim.

A scientist in the sciences claimed EB-1A extraordinary ability based on a university award, research grant funding, and association membership. The AAO dismissed, finding the award limited to university Ph.D. candidates and the grant designed for future research rather than recognizing achievement, membership not based on outstanding achievement, and evidence insufficient to show sustained national or international acclaim.

Folk singer petitioner claimed membership in entertainment association. AAO rejected membership criterion as not meeting standards requiring outstanding achievement judged by experts, and found overall evidence insufficient to demonstrate sustained national or international acclaim at the very top of her field.

Physicist petitioner self-represented and claimed membership in Sigma Xi and Optics Society of America, published material recognition, and judging role. AAO found membership requirements reflect research activity not outstanding achievement, publications not in major media, and no evidence of judging based on reputation.

Martial arts competitor and coach petitioner claimed awards from national wushu competitions. AAO found awards reflect competitive success but no coaching credentials or evidence of instructing athletes at national level, insufficient for sustained national or international acclaim.

Former professional tennis player in Venezuela claimed extraordinary ability, citing historical tournament rankings, awards from late 1990s, and intentions to coach. AAO dismissed appeal, finding past awards and rankings insufficiently demonstrate sustained acclaim at time of filing and petitioner presented no evidence of active coaching work.

Athlete in Russia with Master Sport designation and third-place world ranking claimed extraordinary ability. Counsel filed appeal stating decision erroneous and promising detailed brief within thirty days but never submitted it after nine months. AAO summarily dismissed appeal for failure to specifically address director's findings or provide additional evidence.

Attorney in South Africa with counsel representation claimed extraordinary ability. AAO found petitioner successful but lacking sustained national or international acclaim at the very top level. Evidence included article from nine years prior, unpublished court decisions, and solicited letters, none demonstrating the major significance required for the classification.

Self-represented artist seeking extraordinary ability classification failed to respond to director's evidence request despite receiving it at correct address. Director denied petition finding petitioner failed to demonstrate sustained acclaim or meet three of ten criteria. AAO summarily dismissed appeal because petitioner provided no specific challenge to director's findings or additional evidence on appeal.

Ice skating coach and trainer sought extraordinary ability classification. AAO found beneficiary lacked sustained national or international acclaim, as competitive athletic achievements ended in 2002 and coaching credentials did not demonstrate top-level status.

Scientist in cell biology claimed extraordinary ability through professional awards and membership in scientific societies. AAO found petitioner did not establish sustained national or international acclaim at the top level, as awards were not nationally recognized and memberships did not require outstanding achievement.