Published AAO appeal decisions

Veterinarian and laboratory head sought EB-1A classification on self-petition. Claimant submitted evidence of VPAP award, professional memberships, conference paper presentation, and board certification. AAO found award criteria reflected service length rather than excellence, memberships lacked outstanding achievement requirement, and no comparative salary documentation provided.

Amateur kickboxer seeking EB-1A extraordinary ability classification. Claimed awards from Asian Games and amateur championships; national team participation. AAO affirmed director's finding that petitioner failed to meet awards criterion and did not establish requisite acclaim. Appeal dismissed for failure to specifically address errors.

Swimmer and coach petitioner failed to establish sustained national or international acclaim at very top of field either as athlete or coach. AAO found no evidence of intention to continue in area of expertise and dismissed appeal for failing to meet EB-1A requirements.

Actor petitioner claimed extraordinary ability and met three regulatory criteria: awards, published material, and judging. AAO affirmed all three were satisfied and found the totality of evidence demonstrated sustained national acclaim and extraordinary ability qualifying for EB-1A classification.

Singer petitioner failed to establish sustained national or international acclaim at very top of field. AAO found awards too dated, published material evidence inadequate, judging and original contributions criteria unmet, and dismissed appeal for insufficient extraordinary ability evidence.

Physician petitioner claimed extraordinary ability but failed to meet three regulatory criteria: awards, membership, and published material. AAO found no sustained national or international acclaim at field top and dismissed appeal; employment gaps and lack of U.S. licensure further weighed against EB-1A eligibility.

Karate trainer and former athlete petitioned for EB-1A extraordinary ability classification. Claimed lesser awards criterion. AAO found submitted certificates lacked evidence of national or international recognition and petitioner failed to establish sustained acclaim at the very top of the field.

Postdoctoral researcher in sciences claimed extraordinary ability under awards, membership, and published material criteria. AAO found petitioner met one criterion (membership in Sigma Xi and ASBMB) but failed to meet required threshold of at least three criteria. Evidence showed postdoctoral talent but insufficient to demonstrate sustained national or international acclaim at very top of field.

A ballet dancer and teacher sought EB-1A extraordinary ability classification, and the director denied the petition for lack of sustained acclaim. Counsel submitted a letter and materials on later events that could not show eligibility at filing. The AAO summarily dismissed the appeal because no error in the denial was identified.

Television director in noncommercial television claimed extraordinary ability under seven criteria including major awards, PGA membership, and original contributions. AAO found petitioner did not receive major internationally recognized award and PGA membership did not meet criterion. Evidence insufficient to demonstrate sustained national or international acclaim at very top of field.

Traditional medicine practitioner claimed extraordinary ability but failed to show sustained national or international acclaim. AAO found no major awards, publications in major media, or evidence of judging. Misuse of physician titles and credentials raised questions about prospective benefit, warranting dismissal.

Comic book author claimed extraordinary ability but failed to establish sustained national or international acclaim. AAO found local awards, inappropriate association membership, and limited-circulation publications insufficient. Evidence did not show petitioner at very top of field.

Self-represented petitioner claimed extraordinary ability but failed to meet award and membership criteria. Awards lacked substantiation and were received over a decade before filing, failing to establish sustained acclaim. No evidence of three regulatory criteria met.

An arts petitioner sought EB-1A extraordinary ability classification. The service center denied for failure to demonstrate sustained national or international acclaim or meet three regulatory criteria. The AAO summarily dismissed the appeal because petitioner failed to identify specific erroneous conclusions of law or fact, despite counsel's promise to submit a brief.

Trampoline and acrobatics competitor claimed extraordinary ability based on youth-level awards. AAO found awards limited to junior competitions and lacked national or international standing. Evidence insufficient to show sustained acclaim at very top of field.

Business professional claimed extraordinary ability in business through awards and membership criteria. AAO found NBIA Incubator Innovation Award insufficient due to limited scope and newness, membership criterion unmet, and overall evidence failing to demonstrate sustained national or international acclaim at the very top.

An arts field professional represented by counsel claimed extraordinary ability through published material and judging participation. The AAO rejected published material as lacking complete translations and appearing in insufficient outlets, and found judging role did not evidence top-level sustained acclaim. Aggregate evidence insufficient.

A dance instructor sponsored through counsel claimed extraordinary ability via competition awards and student achievements. The AAO held that amateur and rising-star awards cannot demonstrate extraordinary ability, and coaching achievements do not indicate the petitioner is among the very top professionals in the field.

A self-petitioner dance instructor claimed extraordinary ability through awards, membership, and published material. The AAO found awards from youth events insufficient, membership requirements did not reflect outstanding achievement, and published material lacked proper documentation. Overall evidence did not demonstrate top-level sustained acclaim.

A gymnastics competitor and coach sought EB-1A classification. The petitioner was denied because she could not establish sustained national or international acclaim. Her athletic achievements ended in 1999, and her coaching record—with athletes placing fifth—did not evidence top-tier expertise. At least three criteria were unmet.

Kickboxer sought EB-1A classification. Petitioner claimed awards and association membership criteria. AAO rejected awards as insufficiently recent or nationally recognized, and found association membership did not require outstanding achievement. Overall evidence insufficient to show extraordinary ability.

Project management professional sought EB-1A classification through employer petition. Petitioner claimed awards and professional association membership. AAO found awards lacked national or international recognition and membership did not reflect outstanding achievement. Evidence insufficient for extraordinary ability.

A self-represented athlete sought EB-1A classification and was denied for lack of sustained acclaim. The appeal form requested time to translate documents and promised more evidence, but nothing arrived after eleven months. Because no specific error of law or fact was identified, the AAO summarily dismissed the appeal without analyzing criteria.

Winemaker sought EB-1A classification. Petitioner claimed awards, published material, and judging criteria. AAO found awards ineligible as beneficiary was not named recipient, published material did not focus on beneficiary, but judging criterion met. Overall, evidence insufficient to demonstrate extraordinary ability in wine field.

A business professional sought EB-1A extraordinary ability classification. The director denied for lack of sustained acclaim. On appeal, counsel offered only general assertions of extraordinary ability and abuse of discretion, promised a brief that never arrived, and the AAO summarily dismissed because no specific error was identified. No criteria were analyzed.