Published AAO appeal decisions

Shoe designer sought EB-1A extraordinary ability in arts. Petitioner established three regulatory criteria: published material, leading critical role in brand revitalization, and exhibition in artistic showcases. Evidence showed sustained international acclaim, major retail placement, and industry influence. Appeal sustained.

A college television station petitioned for a cinematographer and broadcast associate as an artist of extraordinary ability. The appeals office found two criteria satisfied, exhibitions and critical role, and withdrew the director's judging finding. Awards, published material and original contributions failed, so the minimum of three was not reached and the appeal was dismissed.

A cardiologist conducting research on Takotsubo cardiomyopathy sought EB-1A classification in the sciences. The petitioner met two of three required criteria: judging and scholarly articles. Original contributions failed despite citations and journal publications; the petitioner did not demonstrate commensurate impact or unusual reliance on his work. Leading role claim lacked specificity about organizational criticality. Appeal dismissed.

A chemist sought EB-1A extraordinary ability classification. AAO held petitioner satisfied only two of ten required criteria (judging and published material), failing to meet the three-criterion threshold for extraordinary ability demonstrating sustained national or international acclaim.

Theoretical physicist claimed extraordinary ability through biographic volume inclusion, peer review participation, scholarly articles, and peer letters. AAO found he failed to meet three of ten criteria; awards lacked recognition, recent publications absent, and original contributions showed only speculative future impact rather than established field significance.

A satellite television news producer sought extraordinary ability classification, claiming awards, published material, judging, scholarly articles, a leading role and contributions. The AAO dismissed the appeal, finding the awards, media coverage, judging and contribution evidence insufficient and the aggregate record short of the required expertise. The decision's treatment of the scholarly articles and leading role criteria is internally inconsistent.

A boxing gym petitioned for an O-1A visa for a boxer claiming extraordinary ability in athletics. The AAO dismissed the appeal because the petitioner failed to provide required written advisory opinion consultation and did not demonstrate three of eight evidentiary criteria, with evidence also deficient in translations.

Gymnastics coach in China appeals denial. Claimed judging and critical role criteria. AAO sustained appeal, finding two regulatory criteria met and extraordinary ability demonstrated through sustained national acclaim and career at highest competitive level.

Professional golfer appeals denial. Claimed membership and high salary criteria on appeal; two criteria met overall. AAO dismissed, finding membership requires outstanding achievement not demonstrated and salary at developmental level insufficient for top-tier classification.

A nurse sought EB-1A classification. The AAO reviewed four criteria the service center analyzed. The petitioner did not meet the membership criterion, did not establish a leading role, and failed to show comparatively high salary. The appeal was dismissed.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

An actor sought O-1A classification for extraordinary ability in the arts. The petitioner claimed a nomination for a prestigious college acting competition as a significant award but failed to demonstrate national or international recognition. The AAO affirmed dismissal because the award was not established as nationally or internationally significant and did not analyze other criteria.

Chemist sought EB-1A classification for extraordinary ability in science. Petitioner claimed six criteria but satisfied only two: judging and scholarly articles. The AAO held that awards, membership, published material, and original contributions were not met, dismissing appeal for failure to meet three-criterion threshold.

A taekwondo studio petitioned for O-1A classification for a taekwondo master. The petitioner claimed awards and membership criteria but failed to establish either through sufficient evidence. The decision also found no proper contract and itinerary for the requested employment period. Appeal dismissed for failure to meet three of eight criteria.

Fashion merchandiser and purchaser sought EB-1A classification. Petitioner asserted leading and critical role criterion initially but abandoned it, then claimed only high salary criterion on appeal. AAO held salary criterion not met and found petitioner failed to establish three criteria or one-time achievement.

Motion graphics artist sought EB-1A classification in the arts. Director found only one criterion met (artistic display). Petitioner appealed claiming two additional criteria but provided insufficient evidence of awards, published material, or original contributions of major significance. AAO affirmed dismissal.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

Cardiothoracic surgeon and clinical instructor sought extraordinary ability classification. Met three criteria: judging, scholarly articles, and leading role. AAO sustained appeal, finding the aggregate evidence demonstrated sustained national and international acclaim and expertise at the very top of the field.

Data scientist employed by software company sought extraordinary ability classification. Met judging and scholarly articles criteria. AAO dismissed appeal, finding the aggregate evidence—including moderate citations, completed projects, and above-median salary—insufficient to establish sustained national or international acclaim.

Fashion model agency petitions for beneficiary model for O-1A extraordinary ability. Director denied based on falsified document submission. AAO found petitioner resolved falsification concerns and remanded for substantive review of extraordinary ability claims.

A policy analyst seeking EB-1A in sciences met three initial criteria (judging, original contributions, scholarly articles) and demonstrated extraordinary ability in final merits. The AAO sustained the appeal, finding the petitioner had sustained national acclaim at the very top of his field.

A post-production designer and animator in advertising and film sought EB-1A classification. The petitioner claimed three criteria but failed to satisfy the plain language requirements of any of them. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability.

A specialist in intelligent transportation research and associate professor sought EB-1A in sciences. The petitioner met three criteria (judging, scholarly articles, original contributions) and demonstrated sustained national acclaim at the very top of the field. The AAO sustained the appeal.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

Geologist and petroleum researcher claiming extraordinary ability in hydrocarbon modeling. Failed to meet three criteria threshold. Awards not nationally recognized, judging role informal only, and original contributions lacked major field significance. Appeal dismissed; petitioner did not establish required expertise level.