Published AAO appeal decisions

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.

Circus entertainment business petitions for circus performer with prior O-1 status. Service center denied finding he lacks sustained national or international acclaim. Appeal summarily dismissed because petitioner failed to identify specific erroneous conclusions of law or fact and did not submit promised brief or additional evidence within required timeframe.

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.

The beneficiary is a head squash coach for whom O-1A classification in athletics was sought. Claims covered awards, membership, and other criteria tied to coaching roles. The AAO dismissed the appeal because three criteria were not established and the aggregate evidence did not show sustained acclaim or top-of-field standing.

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 professional dancer was proposed for O-1B classification as a person of extraordinary ability in the arts, which is outside the O-1A category. The AAO dismissed the appeal. The evidence of lead or starring roles lacked reviews and similar documentation, and the dancer was not shown to be distinguished from other professionals.

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.

Martial arts academy petitioned for taekwondo instructor under O-1A. Director found beneficiary lacks sustained national or international acclaim and failed at least three of eight evidentiary criteria. AAO dismissed, holding beneficiary is skilled athlete but did not establish extraordinary ability as coach.

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 talent management business sought O-1 classification for a singer and performer in the arts, which is not O-1A. The director denied the petition for lack of extraordinary ability evidence and missing contracts and itinerary. The AAO summarily dismissed the appeal because no specific error was identified and no promised brief was filed.

An agent petitioned for an experimental stage and screen actor under the O-1 category for the motion picture and television industry, which is the O-1B arts classification and not O-1A. The AAO dismissed the appeal because fewer than three evidentiary criteria were met and the evidence as a whole fell short.

A company sought to employ its managing director, who was its sole member, under O-1 classification. The director recommended denial as an impermissible self-petition and certified the decision. The AAO did not reach the merits, because the beneficiary had since become a permanent resident, and denied the petition as moot.

Gymnastics club petitioned for O-1A visa for foreign gymnastics coach. AAO held beneficiary lacked major internationally recognized award and failed to satisfy at least three evidentiary criteria; prior athletic acclaim insufficient without demonstrating sustained coaching-level extraordinary ability.

Boxing and fitness facility petitioned for professional boxer under O-1A extraordinary ability classification. AAO found beneficiary did not satisfy initial evidentiary requirements, meeting none of eight regulatory criteria; evidence showed skill but not sustained national or international acclaim required for O-1A.

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.