Published AAO appeal decisions

A synchronized swimmer and coach sought EB-1A extraordinary ability classification in athletics. Petitioner claimed and met awards, judging, and scholarly articles criteria. AAO found initial three criteria satisfied but sustained acclaim and top-tier status not demonstrated in final merits analysis, dismissing appeal.

A dancer and choreographer sought extraordinary ability classification, and the service center denied the petition. On appeal the petitioner filed no brief or evidence despite saying one would follow. The AAO summarily dismissed the appeal because it identified no specific erroneous conclusion of law or fact. No criteria were analyzed.

Peking opera performer met three initial criteria but appeal dismissed on two grounds: lack of credible intent to continue performing in field upon entry, and failure to demonstrate sustained acclaim through filing date. Prior recognition ended by 2010.

A video production and advertising company petitioned for O-1A classification for a director of videography and producer. AAO dismissed appeal, finding beneficiary failed to meet evidentiary criteria: awards were employer's not beneficiary's; future distinguished employment not established; published material and salary evidence insufficient.

A biomedical software developer and senior computer scientist claimed extraordinary ability under EB-1A. The AAO affirmed the director's finding that he met judging and scholarly articles criteria but rejected original contributions and leading role claims. The decision dismissed the appeal because fewer than three criteria were satisfied.

An architect with over 25 years experience sought EB-1A classification. The AAO found four criteria met: published material, exhibitions, leading role for distinguished organization, and high salary. The aggregate evidence demonstrated sustained national acclaim and placement among the very top of the field.

A research analyst sought EB-1A classification. The AAO confirmed two criteria met: manuscript review and scholarly article authorship. Even assuming a third criterion satisfied, the aggregate evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field.

A comedic actor sought EB-1A classification. The AAO found she met only the exhibitions criterion but failed membership, published material, judging, original contributions, and critical role criteria. She did not claim or satisfy the threshold major award. The appeal was dismissed because she did not meet the three-criterion minimum.

A ballet company petitioned for O-1A classification for a principal dancer. The petitioner claimed the beneficiary met at least three of six regulatory criteria through awards, publications, and critical roles. The AAO held none were satisfied: awards were limited to student-age competitors, no major publications documented the beneficiary, and past roles were student performances rather than professional lead roles. Appeal dismissed.

An actor and voice-acting instructor sought EB-1A classification. The AAO found he met the awards and exhibitions criteria but failed the salary, critical role, and original contributions criteria. With only two of three required criteria satisfied, the appeal was dismissed.

Sailing competitor and coach sought EB-1A classification. Petitioner claimed five criteria but satisfied only two: awards and judging. The AAO held that membership, published material, and original contributions were not met. Final merits review found insufficient evidence of sustained national or international acclaim.

Polo horse trainer sought EB-1A extraordinary ability classification in athletics. Director found failure to meet initial evidence requirements. Petitioner appealed arguing comparable evidence for awards and membership criteria, but AAO found he did not meet plain language requirements nor demonstrated comparable evidence. AAO affirmed dismissal.

Automation and control engineer employed by U.S. company sought EB-1A extraordinary ability classification. Met two criteria (judging and scholarly articles) but failed to meet required third criterion. Awards, membership, published material, and original contributions findings all insufficient. AAO affirmed dismissal.

Co-founder of mini-grid electrical company sought EB-1A classification in business. Claimed multiple criteria including leading role, published material, and judging. AAO held three criteria met and final merits satisfied through evidence of speaking invitations, conference participation, and expert recognition.

A restaurant filed an extraordinary ability petition on behalf of a beneficiary, and the service center denied it. The petitioner indicated on the appeal form that a brief would follow but sent nothing and named no specific error, so the appeal was summarily dismissed without examining any criterion.

Minister in community development sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed appeal as abandoned for failure to respond to RFE. Alternatively, held petitioner failed to establish exceptional ability and did not meet any prong of the Dhanasar national interest waiver framework.

A curator and historian of art sought EB-1A classification. The petitioner claimed six criteria but met only one (judging). The AAO dismissed the appeal because the petitioner failed to establish at least three initial criteria required for extraordinary ability.

Industrial hygiene researcher sought EB-2 national interest waiver. Met first prong: proposed occupational safety research has substantial merit and national importance. Failed second prong: insufficient evidence of record of success or field interest. Failed third prong: not shown contributions benefit nation more than available U.S. workers. Appeal dismissed.

Actor in motion picture and television sponsored by talent agency for O-1 classification. Agency met only one of six regulatory criteria; decision found petitioner did not establish roles with distinguished reputation or organizations and did not satisfy three-criterion threshold required for extraordinary achievement in film and television.

An epee fencer and coach claimed extraordinary ability in athletics, asserting she met one-time achievement or three criteria. The AAO found she met only two criteria: awards and membership. Published material lacked translations; coaching accomplishments lack major significance. Dismissal affirmed.

Journalist petitioner claimed extraordinary ability through awards and published material. Service center denied for lack of sustained acclaim and small percentage status. AAO dismissed appeal as abandoned after petitioner failed to respond to notice, and found willful misrepresentation through fabricated documentation.

Professional boxer in Italy and United States sought extraordinary ability classification. Claimed four criteria but satisfied only awards. AAO found membership not sufficiently documented, leading role not established, and aggregate evidence insufficient for sustained acclaim and top-tier status required for EB-1A.