Published AAO appeal decisions

Journalist and media manager claimed extraordinary ability under EB-1A. Petitioner failed to establish three of ten regulatory criteria: no major award, membership evidence inadequate, and judging experience not equivalent to policy standard. Appeal dismissed, SCOPS denial affirmed.

Healthcare company petitioned for registered nurse as EB-3 skilled worker. AAO remanded because the record lacked regulatorily required audited financial statements evidencing ability to pay the proffered wage in the petition priority year 2024, and to clarify which entity would employ the beneficiary.

A business executive petitioned for EB-1A extraordinary ability status based on nine claimed criteria, including awards, membership, and high salary. The AAO found no major award and rejected lesser prizes and membership as nationally or internationally recognized. High salary finding was withdrawn due to insufficient documentation. The petitioner did not meet the initial three-criterion threshold and lacks sustained national or international acclaim.

A health management specialist sought EB-1A extraordinary ability classification, claiming three evidentiary criteria. The AAO found she met one criterion regarding scholarly articles but failed the membership criterion and reserved the leading role criterion. Because she did not establish three criteria, the final merits step was not performed, and the appeal was dismissed.

A Canadian business manager and entrepreneur seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met zero evidentiary criteria required for extraordinary ability and lacked sustained national or international acclaim as required by statute.

Machine learning engineer appealed SCOPS denial of EB-1A petition. AAO found petitioner demonstrated original contributions of major significance through highly cited research, meeting the initial evidence threshold. Matter remanded for final merits determination of sustained acclaim.

A general manager and entrepreneur in China's building materials industry seeking EB-1A classification claimed four criteria but met only two. The AAO found his awards lacked national or international recognition and his contributions, while claimed, were not proven to be original and majorly significant.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

Cosmetics innovator claimed EB-1A extraordinary ability for stamp crease tool invention and artistic displays. AAO affirmed denial, finding no recognized awards, insufficient evidence of original contribution, and failure to establish three criteria. Lack of sustained national or international acclaim found.

Administrative services and facilities manager sought EB-1A extraordinary ability classification. AAO dismissed because petitioner failed to meet the minimum three of ten evidentiary criteria. Awards and membership criteria were not met; artistic exhibition criterion inapplicable to administrative work; record did not demonstrate sustained national or international acclaim.

A logistician sought EB-1A classification claiming four evidentiary criteria. The AAO affirmed dismissal, finding the petitioner failed to document individual association membership and lacked evidence of judging others' work in logistics. Meeting only two of ten required criteria precluded reaching final merits analysis.

An individual seeking extraordinary ability classification had a petition denied and an earlier appeal dismissed. Combined motions to reopen and reconsider were filed after the 33-day deadline, and the delay was not shown to be reasonable and beyond the petitioner's control. The AAO dismissed both motions as untimely and for lacking new facts or legal error.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Spanish voiceover actor for dubbing and localization sought EB-1A extraordinary ability classification. AAO remanded because service center failed to address three claimed criteria despite petitioner providing evidence in initial petition and response to RFE, denying fair opportunity to contest on appeal.

Wedding and event planner specialist seeks EB-1A extraordinary ability classification. Claimed major award and three evidentiary criteria. AAO dismissed, finding no major award, unmet criteria for lesser awards and original contributions, and record lacks evidence of sustained national or international acclaim or top-tier field status.

A self-petitioner sought extraordinary ability classification, and the appeal was previously summarily dismissed along with earlier motions. On a second combined motion, the AAO dismissed both the motion to reopen and the motion to reconsider because no new facts, brief, evidence, or legal error were shown. No criteria were decided.

Technology entrepreneur in hospitality industry sought EB-1A extraordinary ability. Claimed nine evidentiary criteria but failed to meet minimum three. AAO dismissed, finding venture capital funding inadequately documented and membership criterion not properly established; other criteria not analyzed as threshold requirement not met.

A karate coach claimed extraordinary ability and sought to open karate schools in the United States. The AAO confirmed he met two criteria—judging and leading role—but dismissed because he failed to meet the minimum three-criterion threshold required for final merits consideration.

A basketball coach, formerly a player, sought EB-1A extraordinary ability classification. Though three initial criteria were facially satisfied as a player, evidence lacked sustained national or international acclaim as a coach. Coaching career began post-filing; sparsely documented coaching does not demonstrate top-level recognition. AAO dismissed.

A sales specialist and trainer claiming extraordinary ability under EB-1A sought to satisfy four criteria: published material, original contributions, leading role, and high salary. The AAO affirmed dismissal, finding published material and original contributions unsubstantiated and insufficient to meet the three-criterion minimum.

A chief executive officer selling Italian furniture sought EB-1A extraordinary ability classification. The AAO held the petitioner failed to establish three required criteria: published material lacked proper documentation, judging of manufacturers was not in an allied field, original business contributions lacked demonstrated major significance, and scholarly articles were not authored by petitioner.