Published AAO appeal decisions

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

Pomegranate industry business executive sought EB-1A extraordinary ability. AAO held petitioner failed to meet three of ten initial criteria; television appearances lacked sufficient documentation; evidence did not establish sustained national or international acclaim required for classification.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

Cultural director sought EB-1A classification. Met three evidentiary criteria: published material, judging, and leading role. However, AAO dismissed appeal finding no sustained national or international acclaim. Media coverage limited to local newspaper until 2008 with no subsequent prominence; failed to demonstrate career of acclaimed work or presence among field's very top.

Quality assurance engineer claims EB-1A extraordinary ability through judging, critical role, and high salary criteria. AAO held mentoring does not meet judging requirement; petitioner cannot satisfy three-criterion threshold and lacks sustained national or international acclaim required.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

Data scientist self-petitioner sought EB-1A extraordinary ability classification. Met two of ten evidentiary criteria: scholarly articles and judging. Claimed published material and original contributions on appeal but failed to establish either. AAO dismissed, finding petitioner fell short of three-criterion threshold and lacked evidence of sustained acclaim required for small percentage at top.

A board-certified gastroenterologist with 22 years of experience sought extraordinary ability classification. The AAO found he met only two of ten criteria. The appeal was dismissed because he failed to meet the three-criterion threshold required for initial eligibility.

An economist seeking EB-1A extraordinary ability classification met initial evidentiary threshold but lacked sustained national or international acclaim. AAO reversed Director's finding on leading role criterion, found petitioner failed to meet three criteria, and held evidence insufficient for final merits determination of top-tier status; appeal dismissed.

A jeweler self-petitioner claimed extraordinary ability under EB-1A, asserting four criteria including awards, membership, published material, and scholarly articles. The AAO upheld the service center's denial, finding no criterion met due to insufficient evidence of national or international recognition and lack of authentic documentation of the petitioner's extraordinary status.

A chemistry professor seeks EB-1A extraordinary ability classification. Petitioner claimed satisfaction of multiple criteria including original contributions (criterion v) and two others (iv, vi). AAO affirmed director's finding that original contributions did not demonstrate major significance and that petitioner failed to meet three criteria required. Appeal dismissed; record does not support extraordinary ability standard.

A screenwriter, director and producer sought extraordinary ability classification. The service center accepted that three initial criteria were satisfied but found no sustained acclaim. The appeal was dismissed because the final merits review showed only one dated award and shared project success, without individual recognition at the very top of the field.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.

Construction business manager sought EB-1A extraordinary ability. Petitioner submitted untranslated materials without explaining which criteria addressed, failed timely RFE response, and provided only generic client appreciation letters. Appeal dismissed for failure to identify grounds.

A coffee shop entrepreneur sought EB-1A classification. The AAO affirmed the director's finding that the petitioner did not meet the awards criterion and concluded the remaining claimed criteria were not established. The record showed local success but no evidence of extraordinary ability at the national or international level.

A cardiac physiologist from India sought EB-1A extraordinary ability classification. He met three initial evidentiary criteria and demonstrated sustained international acclaim through top 1% citation rate and influence on clinical guidelines. The AAO sustained the appeal, finding the Director overlooked significant evidence of recognition and achievement.

A taekwondo instructor and athlete sought EB-1A extraordinary ability classification. The AAO found he met the judging criterion but not the awards or membership criteria, and overall did not demonstrate the sustained national or international acclaim required for extraordinary ability.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

Pianist sought extraordinary ability classification claiming published material, leading roles, and artistic exhibitions. AAO found no criteria satisfied. Published materials lacked required circulation data; concert performances were regional with no evidence of distinguished organization roles. Record showed local media coverage and restaurant employment, insufficient for sustained national or international acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

An automotive glass manufacturer petitioned for an employee with experience in judging and scholarly publications in the field. The AAO found the beneficiary met two criteria but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

Pharmaceutical microbiology production manager seeking EB-1A extraordinary ability classification. AAO found petitioner did not meet initial evidence requirements; failed to establish three alternate criteria. Awards lacked documented recognition for field excellence; published material insufficient; no sustained national or international acclaim demonstrated.

An architect-type professional sought extraordinary ability classification, claiming eight of the ten evidentiary criteria. The AAO agreed with the Director that the claimed awards, membership, published material and original contributions criteria were not satisfied, so the three-criterion threshold was not met and the appeal was dismissed.

Musician and vocal artist with recent bachelor's degree sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met at least three criteria but failed final merits determination; record does not demonstrate sustained national or international acclaim or placement among small percentage at top of field.