Published AAO appeal decisions

Horse racing trainer sought O-1A classification as an artist, but AAO determined the occupation (race horse training and business operation) falls within business or athletics, not the arts. Petitioner self-petitioned, which is impermissible for O-1A. Appeal dismissed on multiple independent grounds.

A professional in secure wireless communication claimed extraordinary ability as self-petitioner. AAO affirmed director's finding that petitioner failed to meet at least three of ten regulatory criteria. Evidence does not demonstrate sustained national or international acclaim or position within small percentage at very top of field. Appeal dismissed.

An athlete claimed extraordinary ability through awards, memberships, and published material. The AAO upheld the director's denial, finding the petitioner satisfied no criterion fully. Awards did not meet all evidentiary elements; membership was singular not plural; publications lacked proper scope and authorship evidence.

A chief executive officer working in search engine optimization was proposed for O-1A classification in business and science. The director denied the petition. The AAO summarily dismissed the appeal because the petitioner stated only a general disagreement, identified no specific legal or factual error, and filed no promised brief or evidence.

A tennis coach and fitness trainer claimed extraordinary ability. AAO found petitioner failed to present at least three types of qualifying evidence under the ten regulatory criteria. Applying Kazarian framework, without meeting the three-evidence threshold, AAO could not proceed to final merits determination. Petition dismissed.

A professional in historical preservation claimed extraordinary ability through awards, membership, publications, judging, and original contributions. AAO found evidence failed to meet plain language requirements: award belonged to another, membership lacked outstanding achievement condition, publications insufficient, teaching is not judging, letters lack originality demonstration. Dismissed for insufficient evidence.

Self-petitioner artist sought EB-1A classification claiming published material, exhibitions, and original contributions criteria. AAO affirmed published material was met but rejected original contributions as lacking evidence of major significance. Petition failed three-criterion requirement; appeal dismissed.

Petitioner claimed extraordinary ability through lesser awards, membership, and original contributions. AAO found one award criterion met but petitioner failed to submit sufficient evidence under at least three criteria required for extraordinary ability classification. Membership criterion raised on appeal without prior RFE response was not analyzed. Appeal dismissed.

A marketing manager specializing in search engine optimization was proposed by a company for O-1A extraordinary ability in business. The appeal was summarily dismissed because the filing named no specific error of law or fact and the promised brief or evidence never arrived.

Bioinformatics research scientist with PhD in statistics claimed extraordinary ability through peer review, original contributions, and scholarly articles. AAO found peer review criterion met, but original contributions criterion failed because article citations and journal ranking did not demonstrate major significance. Overall evidence insufficient for extraordinary ability. Appeal dismissed.

A copywriter and creative supervisor sought O-1A classification; petitioner abandoned two criteria and failed to meet at least three of the remaining criteria. AAO affirmed dismissal, finding beneficiary did not qualify and comparable evidence was not applicable.

A competitive ballroom dancer was proposed for O-1 classification as a person of extraordinary ability in the arts. The AAO found the field is really athletics, so the arts classification was wrong. It also found the arts criteria unmet and no evidence of dance instruction ability. The text provided has no ORDER line.

An employer-sponsored EB-1A petition for a beneficiary failed. The petitioner abandoned the judging criterion on appeal. The exhibitions criterion did not apply as beneficiary performed, not visual arts. The petitioner did not establish three qualifying criteria, failing the basic regulatory requirement for extraordinary ability classification.

An employer-sponsored EB-1A petition for a tabla player was denied. The petitioner failed to establish the awards criterion, with credibility questions raised over a graded artist designation. The petitioner improperly invoked comparable evidence when ten regulatory criteria apply to the beneficiary's occupation. The failure to meet three criteria resulted in dismissal.

A performer seeks extraordinary ability classification as writer, speaker, and magician. The petitioner claimed membership, published material, original contributions, and exhibitions. AAO found none met the regulatory criteria: membership relied on potential not achievement, articles merely mentioned rather than featured the petitioner, claimed technique lacked demonstrated field impact, and performances do not satisfy exhibitions requirement.

A kickboxing trainer and coach sought extraordinary ability classification in athletics. Petitioner claimed awards, membership, published material, and judging. AAO found no awards nationally or internationally recognized for excellence in coaching, no evidence memberships based on outstanding achievement, articles not primarily about petitioner, and no reliable evidence of judging participation.

Self-petitioner, academic researcher, sought EB-1A classification claiming awards and original contributions. AAO dismissed appeal, finding scholarships were not nationally recognized awards, impact claims lacked field-wide evidence, petitioner met only two criteria, and failed to establish extraordinary ability at highest level.

A badminton coach sponsored by an employer claimed extraordinary ability through awards and membership criteria. The AAO upheld denial, finding the single award insufficient under the plural requirement of the regulation and the coaching position inadequate for membership criterion, failing to meet the three-criterion threshold.

An artist self-petitioner claimed extraordinary ability in arts under EB-1A. She asserted meeting published material and original contributions criteria. The AAO affirmed the director's denial, finding no qualifying published material about her work in major publications and no demonstrated contributions of major significance. Overall evidence insufficient to establish sustained national or international acclaim.

The petitioner is a business owner and manufacturer who claimed four of the ten extraordinary ability criteria. The AAO dismissed the appeal, finding that the awards lacked documentation and evidence of recognition, and that the published material was not shown to appear in major media. Two criteria were accepted as met by the director, so fewer than three were established.

An artist self-petitioner on motion to reopen claimed extraordinary ability through membership, published material, original contributions and exhibitions. The AAO dismissed appeal because membership was uncontested, published material lacked proper documentation, original contributions showed only speculative future impact, and exhibitions were not analyzed. Three-criterion threshold not met.

An artist self-petitioner claimed extraordinary ability through awards and published material. The AAO upheld denial because residencies and fellowships do not constitute recognized prizes and foreign publications lacked complete certified English translations. Aggregate evidence did not demonstrate required expertise level.

A Florida corporation petitioned for an O-1 classification for a beneficiary claimed to have extraordinary ability in business. The AAO dismissed the appeal as moot after finding the company apparently dissolved, and the petitioner did not answer a notice requesting proof it still operates. No criteria were analyzed.

A supply chain management professional self-petitioner claimed extraordinary ability through membership, judging, original contributions and scholarly articles. The AAO upheld denial because membership criterion was not met, original contributions lacked demonstrable field impact, and scholarly articles criterion requires multiple publications. Only judging criterion was satisfied.

An announcer and actor sought EB-1A extraordinary ability classification. The petitioner claimed awards and other criteria but failed to provide properly certified foreign language translations or demonstrate national or international recognition. The AAO affirmed dismissal, finding burden not met.