Published AAO appeal decisions

Martial artist sought EB-1A extraordinary ability classification in athletics. AAO found he met only two criteria and withdrew the director's favorable determinations on two others, concluding he failed to meet the required three initial criteria and lacked evidence of sustained national or international acclaim.

Violist sought EB-1A extraordinary ability classification in the arts. AAO found she satisfied only one of ten required criteria, lacking sufficient evidence of national or international recognition, critical roles, or commercial success to demonstrate sustained acclaim and top-tier status.

Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. Appeal dismissed.

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

Aerospace engineer with advanced degrees in mathematics and engineering sought NIW. AAO found both proposed engineering and STEM teaching endeavors lacked national importance and he lacked sufficient record demonstrating he was well positioned to advance them. Appeal dismissed.

Actor and acting coach seeking EB-1A extraordinary ability claimed six criteria but met only exhibitions. Awards lacked proof of recognition, memberships lacked expert judgment, published material uncorroborated, judging informal only, salary unsubstantiated, and commercial success lacked sales data. Appeal dismissed.

A medical business strategist recent graduate claimed five criteria. Awards were school-based and unrelated to claimed field; published articles were not about her; membership lacked required achievement standards; internship role lacked documented distinguished institution status. AAO found zero of three required criteria met and dismissed.

A humanitarian aid organization petitioned for beneficiary co-founder of human rights organizations in Nigeria. Director found one criterion met; beneficiary met only leading or critical role. Appeals of awards and published material criteria failed. AAO dismissed for meeting only one of three required criteria.

An equestrian farm petitioned for O-1 classification of an athlete beneficiary in athletics. The service center denied the petition. On appeal the filer submitted only a general statement and no promised brief or evidence, so the AAO summarily dismissed the appeal for failing to identify a specific legal or factual error.

Public administration professor and development institute director in Korea sought EB-2 national interest waiver. AAO dismissed appeal, finding petitioner failed to identify specific proposed endeavor with sufficient clarity and did not establish substantial merit, national importance, or that waiver would benefit the United States.

Lawyer-engineer claimed extraordinary ability in engineering and intellectual property. Met three initial criteria but AAO found lack of sustained national or international acclaim. Evidence predominantly from 1999-2004 with no recent accomplishments; awards lacked national or international recognition despite professional activity.

Sitting volleyball coach claimed extraordinary ability in athletics based on 1990 gold medal and multiple criteria. Met one criterion (lesser award) but failed to meet requirement of three criteria. AAO found record did not support level of expertise for extraordinary ability classification in sports.

Internal medicine physician claimed extraordinary ability in sciences. Met two criteria (judging and scholarly articles) but failed to meet three-criterion threshold. Original contributions lacked major significance; leading role not demonstrated at distinguished organization. Aggregate review found insufficient expertise.

A lawyer sought NIW as EB-2 advanced degree professional, proposing to provide legal services. The AAO dismissed, finding her tax advice practice lacks national importance and her evidence of pro bono experience does not support her stated tax law endeavor. The first prong failed; remaining prongs were not addressed.

A forensic DNA analyst sought NIW as EB-2 advanced degree professional, proposing to continue laboratory work analyzing DNA evidence. The AAO dismissed, finding substantial merit but lacking national importance since her laboratory work does not demonstrate impact beyond her employer or broader contributions to forensic science advancement.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.

A talent agency petitioned for a hip-hop/street jazz dancer and instructor for O-1A classification. The agency claimed an award, lead roles in productions, and published material about the beneficiary. The AAO found the award lacked national or international prominence, the dancer was one of several performers rather than lead, and articles did not establish distinguished roles, dismissing the appeal.

A representational painter sought EB-1A classification. The AAO found she met only two criteria: published material and display of artwork in exhibitions. Her claim for original contributions was rejected because favorable reviews and sales do not demonstrate field-wide impact. Appeal dismissed.

A staff physician claimed extraordinary ability in medicine under EB-1A. The AAO found he met only two criteria: judging and scholarly articles. His claims for membership, original contributions, and critical role were rejected as insufficient. Appeals dismissed because three criteria required.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

A car restoration company sponsored a Brazilian restoration designer and fabricator for O-1A visa. Director found one criterion met (significant recognition). Petitioner claimed five others on appeal. AAO found none met: no evidence of future lead role, no national recognition in major publications, no commercial success, and prospective salary not demonstrably high for the field.

Metallurgical engineer with advanced degree sought NIW for continued manufacturing work. Under Dhanasar, petitioner established EB-2 eligibility but failed to demonstrate national importance; proposed work affected only employer and customers, not broader industry or field. Appeal dismissed.

Spanish language teacher and specialist sought EB-1A extraordinary ability in education. Petitioner claimed six criteria but provided insufficient documentation for each. Director found only two criteria met; petitioner failed to meet the required three. AAO affirmed dismissal, finding no extraordinary ability demonstrated.