Published AAO appeal decisions

Sports journalist seeking EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met only judging criterion; published material and leading role criteria not established. Record lacks evidence of sustained national or international acclaim required for classification to top small percentage in field.

A professional baseball player sought EB-1A extraordinary ability classification. He claimed and met four criteria: awards, published material, critical role, and high salary. The AAO sustained the appeal, finding the petitioner demonstrated sustained national acclaim and recognized achievements, qualifying him as among the small percentage at the top of professional baseball.

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

A marine biologist sought EB-1A extraordinary ability classification. The petitioner met judging and scholarly articles criteria but failed to satisfy three total criteria. Research citations were not shown to be unusually high, and work lacked demonstrated major significance in the field. Appeal dismissed because extraordinary ability sustained acclaim was not established.

Restaurant general manager with twenty-five years of experience sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish major award or meet three of ten regulatory criteria, particularly membership with demonstrated outstanding achievements, judging, and high salary comparable to field peers.

Micro-irrigation technology inventor sought EB-1A extraordinary ability. Director denied based on insufficient evidence for major award or three of ten criteria. AAO affirmed, finding Director properly excluded untranslated and uncertified documents from consideration under translation regulations.

A medical doctor practicing medical malpractice litigation sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only one of ten criteria and lacked sustained national or international acclaim required to demonstrate extraordinary ability.

A showjumping horse groom claims EB-1A extraordinary ability. The AAO affirmed dismissal, finding the petitioner failed to meet three of ten criteria and lacks sustained national or international acclaim required for this highly restrictive classification intended for those already at the top of their field.

A costume designer for athletes and performers seeking EB-1A extraordinary ability classification. AAO dismissed the appeal, finding the petitioner met only one of ten evidentiary criteria (exhibitions) and failed to demonstrate the three-criteria threshold or sustained national or international acclaim required for extraordinary ability.

Argentine theater and television actor sought EB-1A extraordinary ability classification. Petitioner claimed six criteria; AAO found he met published materials and exhibitions but not three total required. Record lacked evidence of sustained national or international acclaim or top-tier field status.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.

A competitive swimmer sought EB-1A classification. The director found two criteria met; the AAO added a third by recognizing team captain role within a division as qualifying. With three criteria satisfied, the matter was remanded for final merits analysis on sustained acclaim and top-tier status.

A fashion designer and entrepreneur claimed extraordinary ability through five criteria. The AAO found only two criteria met (published material and judging), concluded she did not meet the threshold of three criteria, and found insufficient sustained acclaim for the elite classification sought.

Theatrical producer seeking EB-1A classification. Met four of ten initial criteria (published material, display, leading role, commercial success) but failed final merits analysis. Director's decision lacked thorough evaluation of all evidence and did not adequately explain why achievements failed to demonstrate small percentage at field top. Remanded for complete final merits analysis.

Cancer research scientist sought EB-1A classification based on extraordinary ability. Petitioner claimed membership and original contributions criteria in addition to judging and scholarly articles already found met. AAO affirmed membership criterion was not satisfied and original contributions lacked required major significance. Overall, evidence did not demonstrate sustained acclaim or placement at the very top of the field.

Swimmer self-petitioner sought EB-1A extraordinary ability classification. Met three initial criteria but AAO affirmed dismissal, finding no sustained national or international acclaim; personal best times ranked outside top tier of global swimmers; national records insufficient to demonstrate top-tier recognition.

A business data engineer sought extraordinary ability classification, claiming several evidentiary criteria after the service center found none met. The AAO accepted the judging criterion but found membership and original contributions unmet. It dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

A micropigmentation makeup artist sought extraordinary ability classification in the arts. After an earlier summary dismissal of the appeal, she filed combined motions to reopen and reconsider. The AAO dismissed them because no new fact showed the appeal had identified a specific error, and no misapplied law or policy was shown.

Senior project manager in business management claimed extraordinary ability under EB-1A. Petitioner met judging and high salary criteria but failed awards, membership, and original contributions criteria. AAO dismissed appeal because petitioner satisfied only two of the required three alternate criteria and lacked sustained national or international acclaim.

Vocational agricultural teacher sought EB-1A extraordinary ability classification. Initial petition denied for failing to meet three of ten criteria; appeal dismissed. Motion to reopen and reconsider sought reconsideration without identifying legal error and submitted job offer dated after petition filing, which cannot establish eligibility retroactively. Motion dismissed.

Employer-sponsored Spanish language instructor using art to teach foreign languages sought EB-1A. Met two criteria: judging and critical role. AAO dismissed because record lacked sufficient evidence of sustained national or international acclaim required for extraordinary ability.

A bassoonist claiming EB-1A extraordinary ability satisfied two of ten evidentiary criteria: judging and artistic exhibitions. The AAO dismissed the appeal because the petitioner failed to demonstrate a third required criterion and lacked evidence of sustained national or international acclaim necessary for extraordinary ability classification.

Athletic coach claimed three criteria for extraordinary ability in soccer coaching. Director found one criterion met. Petitioner on appeal reasserted awards and published material criteria. AAO held petitioner failed to establish awards were nationally recognized or that published material about him as coach appeared in major media, lacking required sustained acclaim.

Recording engineer and producer from Brazil claiming seven evidentiary criteria for EB-1A extraordinary ability. AAO found only published material criterion met, not the required three. Record does not demonstrate sustained national or international acclaim or placement at very top of field despite successful work with well-known artists.

Self-petitioning nail design artist claims extraordinary ability through international awards, published materials, judging participation, scholarly articles, and leadership role. AAO sustained appeal, finding petitioner demonstrated sustained international acclaim and expertise placing her among the small percentage at the very top of her field.