Published AAO appeal decisions

A development director sought EB-1A extraordinary ability classification. AAO found three criteria met: leading role, judging, and scholarly articles. However, final merits analysis found judging experience lacked demonstrated impact on field and served as internal review only. Insufficient to show sustained acclaim or top-tier status. Appeal dismissed.

A culinary chef and gastronomic consultant sought extraordinary ability classification in the arts. The service center found one criterion met, and he claimed five more on appeal. The AAO found awards, membership, published material, judging and contributions unproven, so fewer than three criteria were satisfied and acclaim was not shown.

A senior chemist met two criteria (judging, scholarly articles) but needed three. The AAO rejected his claim of original contributions of major significance, finding citations and licensing agreements insufficient to show field considers his research majorly significant. No evidence demonstrated sustained national or international acclaim at the very top of the field. Appeal dismissed.

Music composer and trombonist seeks EB-1A extraordinary ability classification in the arts. Met judging and artistic display criteria. Failed to establish leading critical role or high salary claims due to insufficient evidence of organizational distinction and inadequate compensation comparisons. Appeal dismissed for not meeting three required initial criteria.

An artist and art teacher sought EB-1A extraordinary ability classification. The AAO found she met only one of ten required criteria: exhibition displays. Her membership rating and letters of support failed to establish major contributions. The overall record did not demonstrate sustained national or international acclaim.

A Latin reggae musician sought EB-1A extraordinary ability classification. The AAO found he met three initial criteria: published material, judging, and performance displays. However, the final merits determination failed because the petitioner lacked sustained national or international acclaim after his band dissolved in 2012.

Creative director claimed extraordinary ability through six criteria including awards, membership, published material, and original contributions. AAO found only judging criterion met; awards were team-based, memberships did not qualify, published material requirement unmet, and designs lacked major significance. Appeal dismissed.

A radiology and radiological science researcher sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding she met four initial criteria and demonstrated sustained national and international acclaim through published work, high citations, innovative contributions to cancer research, and field recognition consistent with being among the very top.

Strategic port planner with 25 years maritime experience seeks EB-1A extraordinary ability. Met leading role and high salary criteria but failed membership requirement. Dismissed because only two of three required criteria satisfied; final merits determination not conducted.

Dentist in public health seeks EB-1A extraordinary ability in sciences. Met judging criterion but failed membership through academy fellowship and professional certification. Dismissed because only one of three required criteria satisfied; final merits determination not warranted.

Foreign trade executive and CEO of Brazilian trading company seeks extraordinary ability classification in business. Claims six additional criteria beyond judging. AAO affirms only judging criterion met; record does not establish three required criteria or sustained international acclaim.

Postdoctoral scholar and environmental sustainability fellow in life sciences seeks extraordinary ability classification. Claims six criteria beyond judging. AAO affirms only judging criterion met; insufficient evidence of three required criteria or status among top percentage in field.

A geologist employed by a law firm petitioner sought extraordinary ability classification. She met three evidentiary criteria: judging, scholarly articles, and published material. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or that she represents the top small percentage of her field.

A psychologist seeking extraordinary ability classification claimed four criteria. The AAO affirmed the service center's finding that only two were met: judging and scholarly articles. The original contributions criterion failed because citation counts were not shown to reflect major significance. The petitioner did not establish sustained acclaim or top-tier standing in psychology.

An A&R executive at a music label sought EB-1A extraordinary ability in the arts. The AAO found one criterion met: leading or critical role. Two claimed criteria—original contributions and commercial success—were rejected as lacking evidence of major significance and sales documentation respectively, failing the three-criterion threshold.

A photographer self-petitioned for EB-1A extraordinary ability. The AAO found he met two of ten criteria: published material and exhibitions. The appeal was dismissed because the evidence did not establish sustained national or international acclaim or that he ranks among the small percentage at the very top of photography.

A hospitality consultant with over a decade of experience met three initial criteria through awards, original contributions to Chinese hotel industry, and critical roles. The AAO sustained the appeal, finding sustained national acclaim and placement among top field experts by preponderance of evidence.

Art director and visual effects artist sought EB-1A classification. Met three criteria: published material, exhibitions, and awards. However, AAO found single award eight years prior and limited press coverage insufficient to demonstrate sustained acclaim or placement among small percentage at field top.

A materials science postdoctoral researcher in energy storage sought extraordinary ability. He met two criteria: judging and scholarly articles. On appeal, he claimed original contributions of major significance but failed to demonstrate field-wide impact; work added only incremental knowledge.

A wrestler competing internationally sought EB-1A extraordinary ability classification. He claimed awards, membership, published material, and leading role criteria. The AAO found awards and membership met but rejected published material and leading role due to insufficient evidence and documentation, and concluded the aggregate record did not demonstrate sustained acclaim required for the classification.

Assistant professor of neurological surgery sought EB-1A extraordinary ability classification. Petitioner met three criteria: judging, original contributions, and scholarly articles. On appeal, AAO sustained, finding totality of evidence, including high citation rates and influential publications on deep brain stimulation and anesthesia, demonstrates sustained national and international acclaim among top of field.

A testing and commissioning engineer sought extraordinary ability classification and claimed six evidentiary criteria on appeal: awards, membership, salary, judging, original contributions, and leading or critical role. The AAO dismissed the appeal, finding none satisfied because the evidence was insufficient, such as automatic membership, unspecific letters, and no shown distinguished reputation.

A surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.

Digital graphics designer employed by a company seeks EB-1A classification claiming awards, published material, leading role, and high salary. AAO found only leading role criterion met. Award lacked proof of national recognition, articles were about company not individual, and salary lacked comparative evidence. Appeal dismissed.

Senior staff electrical engineer seeks EB-1A classification claiming judging, scholarly articles, and original contributions of major significance. AAO found judging and scholarly articles met but original contributions lacked evidence of major field significance. Only two criteria satisfied; appeal dismissed.