Published AAO appeal decisions

Forester self-petitioner claims extraordinary ability. Asserted awards and membership criteria. AAO found certificates of training completion do not constitute nationally recognized excellence awards, and professional licensing does not meet membership criterion. Aggregate evidence insufficient to show sustained national or international acclaim.

Postdoctoral researcher in life sciences claimed extraordinary ability under six criteria. The AAO found only two criteria possibly met, below the required three, and concluded the evidence failed to demonstrate sustained national or international acclaim at the very top of the field by 2007.

Information technology consultant claims extraordinary ability. Petitioner asserted meeting judging, original contributions, and published material criteria. AAO found none satisfied: seminar speaking is not judging, Oracle guide contributions lack originality and recognition beyond clients, and user guides are not major media. Overall evidence insufficient for top-level sustained acclaim.

Art director self-petitioner for EB-1A claimed awards, publications, original contributions, exhibitions, and leading critical role. AAO found only original contributions criterion met. Award receipt not documented; publications not about petitioner; emerging artists exhibit insufficient; art director role not leading or critical. Appeal dismissed.

An engineer and power plant chief of operations sought EB-1A classification claiming membership, published material, original contributions, and commercial success. The AAO found the beneficiary failed all criteria: no qualifying membership, no published material about him, letters alone cannot establish original contributions of major significance, and no evidence he drove company revenue. Appeal dismissed.

Water resource engineer self-petitioner for EB-1A claimed awards including Peace Messenger and Vernadski award. AAO found awards not nationally or internationally recognized; selection and honors lack evidence of sustained national acclaim. No evidence of other criteria. Appeal dismissed.

A television editor seeking extraordinary ability classification. The AAO affirmed denial, finding awards not nationally recognized (thousands awarded annually) and published material not primarily about the petitioner. No major award received and fewer than three criteria met; achievements do not rise to top of field.

A professional seeking EB-1A classification claiming three criteria through published material and original contributions. The AAO affirmed denial, finding published material did not meet requirements and letters from acquaintances lacked probative value. No evidence of sustained national or international acclaim at the very top.

A quality assurance manager in film restoration claiming extraordinary ability in rheology and civil engineering. The AAO upheld denial, finding no sustained national or international acclaim. Awards were outdated and for service, not excellence; membership criteria unestablished. Petitioner failed to demonstrate place among the very top.

A dulcimer player filed an EB-1A petition claiming extraordinary ability in the arts. The AAO affirmed denial, finding the single 1990 national award could not demonstrate sustained acclaim in 2006, and membership and judging evidence lacked sufficient documentation. The overall evidence showed past talent but not sustained national or international acclaim.

A hair salon petitioned to employ a hair stylist as an EB-1A extraordinary ability beneficiary. The AAO dismissed the appeal, finding the beneficiary had not demonstrated sustained national or international acclaim or achievement at the very top of the field, as required for the classification.

A kickboxer filed an EB-1A petition claiming extraordinary ability in athletics. The AAO dismissed the appeal, finding amateur awards do not demonstrate position at the very top of the field, and evidence of sustained acclaim was absent. Inconsistencies in submitted documentation also undermined credibility of intent to continue the sport.

A journalist filed an EB-1A petition claiming extraordinary ability. The AAO dismissed the appeal, finding the petitioner failed to meet a major award threshold or three criteria: awards lacked national or international recognition, membership did not require outstanding achievement, and published material was authored rather than about the petitioner.

A musician seeking EB-1A classification claimed published material about his work. The AAO found articles did not identify the petitioner by name and were not about him. Overall, the evidence demonstrated talent but not sustained national or international acclaim at the very top of the field.

An employer-sponsored EB-1A petition for a beneficiary alleged three regulatory criteria: awards, membership, and judging. The AAO found the awards limited to students, membership based on standard requirements, and judging activity insufficient to demonstrate extraordinary ability at the very top of the field.

A violinist sought EB-1A classification based on awards and achievements. The AAO found finalist selections, scholarships, and student competition awards insufficient; they do not evidence nationally or internationally recognized prizes for artists of all levels, only early-career musicians.

An artist self-petitioner claimed awards, membership, published material, and judging criteria. The AAO found no nationally or internationally recognized awards met the criterion; membership lacked outstanding achievement requirement; published materials lacked certified translations; and judging role did not indicate extraordinary acclaim.

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.