Published AAO appeal decisions

A disc jockey and music producer sought EB-1A extraordinary ability classification. The AAO found he met two of ten criteria: membership and judging. Awards lacked national recognition, original contributions showed no major field impact, and leadership roles were insufficiently documented. Appeal dismissed; petitioner failed to meet three-criterion minimum.

Dancer and choreographer met awards, exhibitions, and leading role criteria. AAO found sustained national and international acclaim in China and Canada, demonstrating extraordinary ability among top percentage in field. Appeal sustained.

Dance coach and choreographer met published material, judging, exhibitions, and leading role criteria. However, AAO found insufficient evidence of sustained national or international acclaim or placement among top choreographers despite successful local dance school. Appeal dismissed.

The petitioner sought O-1A classification for extraordinary ability in the arts. On appeal, the petitioner failed to identify any specific erroneous conclusion of law or fact in the service center's denial and did not submit the promised brief or evidence. The AAO summarily dismissed the appeal for lack of substantive appellate argument.

High fashion photographer sought EB-1A classification for extraordinary ability in arts. Petitioner claimed seven criteria but AAO analyzed only membership and published material, finding neither met. Decision concluded petitioner failed three-criterion threshold without reaching remaining claimed criteria.

A high school science teacher sought EB-2 NIW classification to teach in rural North Dakota. Under Dhanasar, the petitioner proved well-positioned to advance science education but failed to demonstrate national importance; the work's benefit was local or state-level. The appeal was dismissed for failing the first prong.

Technology entrepreneur claimed extraordinary ability in business. Director found two criteria met; petitioner claimed three on appeal. AAO affirmed two criteria met (leading role, high salary) but rejected published material for translation deficiencies and original contributions for lack of major field impact. Appeal dismissed for insufficient criteria.

A weightlifter claiming extraordinary ability in athletics satisfied only the awards criterion. The AAO rejected membership, judging, published material, and original contributions claims, finding the petitioner met only two of three required criteria and lacked the sustained international acclaim needed.

A badminton player met the awards and published material criteria but failed to satisfy a third required criterion. The high salary and commercial success arguments were rejected. The AAO found insufficient evidence of national or international acclaim at the top level required for EB-1A.

Doctoral researcher in biomedical sciences claiming extraordinary ability. Director found two criteria met: judging and scholarly articles. Petitioner appealed claiming original contributions of major significance. AAO dismissed, finding prospective impact and limited citations insufficient, and overall record lacks evidence of sustained national acclaim or top-tier status.

Data scientist employed by software company for agricultural analytics sought EB-1A classification. Petitioner claimed seven criteria and argued three were met. AAO found three criteria satisfied but determined evidence does not demonstrate sustained national or international acclaim or small percentage status required for extraordinary ability.

Neuroscientist researcher self-petitioner sought EB-1A classification. Claimed seven criteria; AAO found only two met (judging and scholarly articles). Without three criteria threshold met, final merits not fully addressed. AAO concluded aggregate evidence does not demonstrate required expertise and acclaim.

An assistant research professor in business met three criteria: judging, scholarly articles, and critical role. The AAO sustained on final merits, finding high citation impact, sustained publications, widespread software use, significant patents, and innovation demonstrate he ranks among the very top in his field.

Employer petitioned for pattern maker and fashion designer under O-1A extraordinary ability classification. The AAO summarily dismissed the appeal because the petitioner failed to identify specific erroneous conclusions of law or fact in the service center's denial decision.

Fashion designer and photographer sought extraordinary ability classification. Claimed six criteria met. AAO found only two met (exhibitions and critical role), insufficient for threshold. Final merits not addressed as initial evidence requirement failed. Appeal dismissed.

Researcher studying insect and spider phylogenetics claimed multiple criteria. AAO found three criteria met: judging, scholarly articles, and original contributions. Final merits analysis found sustained acclaim through extensive citations, species discoveries, two species named after her, and letters from leading experts affirming groundbreaking work. Appeal sustained.

Athlete and coach claimed extraordinary ability in athletics and major award status. Despite evaluating evidence as both athlete and coach, AAO found only one criterion met (Olympic team membership), below three-criterion threshold. No sustained national or international acclaim demonstrated. Appeal dismissed.

Ophthalmologic researcher seeking NIW for EB-2 classification claimed research on retinopathy of prematurity has substantial merit and national importance. AAO found first prong met but dismissed appeal because petitioner failed to demonstrate being well positioned to advance the proposed endeavor through citation frequency, field-wide impact, or community interest.

A geomorphologist self-petitioned for extraordinary ability classification, and the service center denied the petition. On appeal, the petitioner promised a brief or further evidence but submitted nothing and identified no specific legal or factual error, so the appeal was summarily dismissed without any criterion being analyzed.

An audiologist claimed extraordinary ability through five evidentiary criteria. The AAO found only scholarly articles criterion met. Awards, membership, published material about petitioner, and artistic exhibition criteria were rejected. Without three criteria met, final merits review was unnecessary. Appeal dismissed.

A judo wrestler claims extraordinary ability. She demonstrated receipt of medals but failed to establish membership in associations requiring outstanding achievements or published material about her work. She abandoned judging and leading role claims on appeal. The decision found only one criterion met, insufficient to proceed to final merits analysis.

A professional model claimed three criteria for extraordinary ability. The AAO found she met judging as panelist for a modeling agency but failed to establish nationally or internationally recognized awards and published material in major media. Without three criteria met, the appeal was dismissed.

A symphony orchestra petitioned to employ a pianist as O-1A nonimmigrant. The petitioner claimed extraordinary ability through awards, lead performer status, published recognition, and commercial success. The AAO found the petitioner failed to demonstrate a significant national or international award and satisfied none of four claimed evidentiary criteria, dismissing the appeal.

A kickboxer sought EB-1A extraordinary ability classification. The petitioner claimed five criteria but the AAO found only one met: awards. Membership, published material, judging, and critical role were all rejected for insufficient documentation or failure to meet regulatory requirements. The petition was dismissed.