Published AAO appeal decisions

A semiconductor staff engineer sought EB-1A extraordinary ability classification. The AAO dismissed because he satisfied only two of ten criteria: judging and leading critical role. Original contributions lacked evidence of major significance in the field, and the record did not demonstrate sustained national or international acclaim.

A chief marketing officer sought extraordinary ability classification, and the service center found only two of ten criteria met. While the appeal was pending, a later petition for the same classification was approved. The AAO dismissed the appeal as moot, also because the petitioner ignored its notice of intent to dismiss.

Track and field athlete met three evidentiary criteria: awards, membership on Olympic teams, and published media coverage. AAO found sustained national acclaim consistent with extraordinary ability at top of field. Appeal sustained.

Software developer specializing in Internet technologies with nearly twenty years of experience claimed five criteria but met only scholarly articles. AAO dismissed, finding insufficient evidence of sustained national or international acclaim or placement among the small percentage at the very top.

Footwear designer filed as self-petitioner for EB-1A extraordinary ability classification. Petitioner claimed four criteria met. AAO sustained appeal, finding all four criteria established and that totality of evidence demonstrates sustained national/international acclaim and position among very top of field.

Radiation biology and neuroscience researcher seeks EB-1A extraordinary ability. Director found three criteria met; AAO found only two (scholarly articles and judging) while withdrawing published material finding. Original contributions claim rejected due to diminished credibility of similarly structured reference letters. Dismissed; insufficient evidence of sustained acclaim.

AI researcher employed by data and news company met initial three criteria: judging, scholarly articles, high salary. Final merits analysis found no sustained national or international acclaim. Citation counts and letter writers' conclusions not supported by corroborating documentary evidence of field-wide impact. Appeal dismissed.

An MMA fighter competing in amateur and professional competitions claimed four criteria: awards, published material, original contributions, and displayed achievements. The AAO dismissed the appeal, finding only one criterion met and concluding the record did not demonstrate sustained national or international acclaim required for extraordinary ability.

A miniature painter specializing in traditional art sought EB-1A extraordinary ability classification. The AAO dismissed because he satisfied only one of ten criteria: artistic display. Other claimed criteria failed due to insufficient evidence of recognition, and the record did not demonstrate career-level acclaim or top-tier standing in the field.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

A biomedical researcher sought EB-2 NIW classification under the Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but concluded the petitioner failed to demonstrate she was well positioned to advance the research, precluding NIW eligibility.

Human resources manager seeking EB-2 NIW to continue HR career with various employers. Petitioner claimed substantial merit and national importance of proposed endeavor. AAO held first Dhanasar prong unmet: HR management lacks national importance and does not impact field or economy broadly; second and third prongs not reached.

A taekwondo school sought to extend O-1A classification for an athletic trainer with prior approvals. The AAO dismissed a motion to reconsider, holding that prior extensions do not bind current decisions and the beneficiary failed to demonstrate three of eight required criteria or a major internationally recognized award.

Research scientist claimed extraordinary ability under EB-1A. Director found three criteria met. AAO reversed on awards and published material, finding insufficient recognition, and concluded evidence did not establish sustained national or international acclaim or top-tier status. Appeal dismissed.

Principal platform engineer in computer science met judging and scholarly articles criteria but failed to establish original contributions of major significance. Did not demonstrate national or international acclaim at top of field. Appeal dismissed.

Ice skating coach and choreographer failed to satisfy any three evidentiary criteria. Evidence did not demonstrate national or international acclaim or placement among top of field; awards were locally recognized.

Actor self-petitioner claimed three criteria for extraordinary ability. AAO found only published material criterion clearly met, withdrew findings on awards and leading role criteria as insufficient, and concluded overall evidence inadequate to demonstrate sustained acclaim or top-tier status.

Postdoctoral molecular biology researcher seeks EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO held that citations and journal prestige alone do not demonstrate contributions of major significance in the field.

An agent petitioned to extend O-1A status for a fashion designer beneficiary. The AAO dismissed the appeal, finding the beneficiary failed to satisfy initial evidentiary criteria. Two criteria were analyzed and rejected (lead role and commercial success), while two additional criteria claimed on appeal were reserved as unnecessary to the decision.

A software technology company petitioned for its senior creative designer as an extraordinary ability worker, asserting several evidentiary criteria. The AAO found the awards, original contributions and exhibitions criteria unmet, noting the awards belonged to the employer and letters lacked specifics. The evidence did not show sustained acclaim, so the appeal was dismissed.

Badminton coach employed by training center sought O-1A classification. Petitioner claimed extraordinary ability in athletics via membership and published material criteria. AAO found membership requirements did not mandate outstanding achievements and publications were not about the beneficiary.

Art critic and scholar lecturer met only two evidentiary criteria, failing to reach the required three. Published material criterion withdrawn on appeal; original contributions lacked substantiation, and record demonstrated no sustained national or international acclaim.

Jeweler self-employed since 2006 seeking EB-1A extraordinary ability classification. AAO affirmed denial because only one of six claimed evidentiary criteria met. Testimonials insufficient; no evidence of sustained national or international acclaim or placement at very top of field.

Postdoctoral researcher in biomedical science seeking EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO dismissed appeal, finding insufficient evidence that research impact rises to major significance level required for extraordinary ability classification.

Business entrepreneur established Texas company, seeks EB-1A. Met scholarly articles criterion only. Claimed membership, published material, and five other criteria. AAO found membership criterion unmet; published material (Russia 24 interview) not established as major media. Only one criterion met; appeal dismissed.