Published AAO appeal decisions

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.

A beneficiary in the arts was the subject of an EB-1A extraordinary ability petition denied by the service center for lack of sustained acclaim. Counsel filed an appeal form asserting misapplied discretion but submitted nothing further. The AAO summarily dismissed because no specific legal or factual error was identified. No criteria were analyzed.

A petitioner of unstated occupation sought EB-1A extraordinary ability classification, and the director denied the petition for lack of sustained acclaim. While the appeal was pending, the petitioner became a lawful permanent resident. The AAO dismissed the appeal as moot and did not analyze any criteria.

A fine artist petitioned for EB-1A classification. Although labor certification was filed, the petitioner checked the EB-1A box on Form I-140 but submitted no evidence satisfying any of the ten criteria for extraordinary ability, and the AAO dismissed the appeal without considering alternative classifications.

A journalist and business professional in Nepal petitioned for EB-1A extraordinary ability in business. The AAO found that a single national award from 1991 and general documentation of journalistic influence were insufficient to demonstrate sustained national or international acclaim or placement among the very best in the field.

Mixed media artist self-petitioner claimed extraordinary ability in arts, met published materials and exhibitions criteria but failed to meet required third criterion. AAO affirmed denial, finding insufficient evidence of sustained national or international acclaim at very top level.

Senior device engineer self-petitioner claimed extraordinary ability in sciences under three criteria: awards, membership. AAO affirmed denial, finding petitioner met no criteria and lacked sustained national or international acclaim necessary for top-level classification.

Athlete in arts and athletics claimed three EB-1A criteria and argued three criteria suffice. AAO dismissed because awards from amateur competitions do not show extraordinary ability, and petitioner failed to demonstrate intent to continue work in United States.

Entertainment company petitioner sought classification for beneficiary Vice President as extraordinary ability immigrant. AAO affirmed denial, finding beneficiary failed to meet any of five claimed criteria and lacked evidence of sustained national or international acclaim at very top level.

Peking Opera drum player and music director self-petitioner claimed extraordinary ability in arts. AAO affirmed denial, finding petitioner failed to meet required three criteria and lacked evidence of sustained national or international acclaim at very top level.

Martial artist and nonprofit organization founder claimed extraordinary ability through athletic achievements and planned business activities. AAO affirmed denial, finding no evidence of nationally recognized competitive prizes since 2001, no qualifying published material, and no clear commitment to expertise area in the United States.

Actress claimed extraordinary ability through work in award-winning productions, professional association memberships, and media references. AAO affirmed denial, finding awards belonged to organizations not her individually, union memberships lacked outstanding achievement requirement, and media references were incidental.

Television producer claimed extraordinary ability through work on major news programs, colleague recognition, and work at prominent media outlet. AAO affirmed denial, finding insufficient documentation of national recognition, recommendation letters alone insufficient to show original contributions of major significance.

Peking Opera performer claimed extraordinary ability through competition wins and professional association membership. AAO affirmed denial, finding awards lacked evidence of national or international recognition, association membership did not require outstanding achievement, and overall evidence did not demonstrate sustained acclaim at the very top.

Marathon runner sought EB-1A classification based on race medals and organizational memberships. Petitioner submitted photographs of awards and participation certificates without corroborating documentation. AAO found evidence showed participation in numerous marathons but no performance indicating national or international acclaim.

Researcher in zoology and behavioral therapy sought EB-1A classification. Petitioner claimed original contributions and scholarly articles but provided only a recommendation letter stating her analysis was thorough and a lecture synopsis with no publication evidence. AAO found insufficient documentation of sustained acclaim and dismissed the appeal.

Veterinarian and laboratory head sought EB-1A classification on self-petition. Claimant submitted evidence of VPAP award, professional memberships, conference paper presentation, and board certification. AAO found award criteria reflected service length rather than excellence, memberships lacked outstanding achievement requirement, and no comparative salary documentation provided.

Amateur kickboxer seeking EB-1A extraordinary ability classification. Claimed awards from Asian Games and amateur championships; national team participation. AAO affirmed director's finding that petitioner failed to meet awards criterion and did not establish requisite acclaim. Appeal dismissed for failure to specifically address errors.