Published AAO appeal decisions

Self-petitioner in business sought extraordinary ability classification. Petitioner filed with degrees, certificates, employment verification, and manuscript but failed to explain how evidence met regulatory criteria. After director issued notice requesting analysis against ten criteria, petitioner did not respond. Appeal dismissed for failure to address grounds for denial.

An electrical engineer petitioned for EB-1A extraordinary ability in sciences. The AAO sustained the appeal, finding petitioner met three regulatory criteria through invention of significant microwave technology, substantial publications, and important contributions to the research field, demonstrating sustained acclaim.

A business researcher petitioned for EB-1A extraordinary ability in business. The AAO dismissed the appeal, finding petitioner met only two required criteria; evidence of talent insufficient to establish sustained national or international acclaim or placement at the very top of the field.

Research associate in sciences sought EB-1A extraordinary ability. Petitioner claimed membership in Sigma Xi, judging, and scholarly articles criteria. AAO found Sigma Xi membership with 70,000 members non-exclusive, manuscript review routine without evidence of exceptional volume or editorial distinction, and publication record insufficient without independent corroboration of sustained top-level recognition.

Employer-sponsored petition for beneficiary claiming extraordinary ability. Director found beneficiary failed to meet three regulatory criteria. Appeal summarily dismissed because petitioner failed to provide specific arguments challenging findings or promised evidence within nine months.

Employer-sponsored petition for beneficiary claiming extraordinary ability in the arts. Previously approved petition revoked. Award analyzed and found to reflect only provincial recognition. No clear evidence of continued work in area of expertise in United States. Revocation sustained.

Gladiator athlete sought extraordinary ability classification. AAO upheld denial finding insufficient primary evidence of awards, non-qualifying membership, and articles lacking national or international reach; expert letter opinions cannot form cornerstone of claim.

Female vocalist in Argentina sought extraordinary ability based on international song festival award and published materials. AAO dismissed finding no primary award evidence, articles lacking national reach, and insufficient evidence of sustained acclaim at top level.

Healthcare practitioner in Bulgaria sought extraordinary ability classification based on awards and memberships. AAO affirmed denial finding award lacks scientific community recognition, memberships not exclusive, and overall evidence insufficient to demonstrate placement among very top in field.

Fine artist petitioned for extraordinary ability classification claiming awards, judging, and published material. AAO found awards lacked national recognition, judging criterion unmet as residencies are not prizes, and publications in small media insufficient. Evidence did not demonstrate sustained acclaim at very top national or international level.

Natural bodybuilder sought EB-1A classification claiming five criteria met. AAO found competitive achievements limited to amateur tournaments without evidence of national or international recognition. Appeal dismissed because petitioner failed to establish sustained acclaim at top level.

Pianist holding O-1 visa sought EB-1A classification. Evidence included local performances and newspaper reviews. AAO found standards dramatically different between O-1 and EB-1A, dismissed appeal because petitioner failed to meet three criteria or show sustained acclaim at very top level.

Software engineer petitioner claimed four criteria for extraordinary ability classification. AAO found the awards criterion met but withdrawn published material and original contributions criteria as not meeting acclaim standard. Scholarly articles criterion also failed. Overall, evidence insufficient to establish sustained national or international acclaim at the very top of the field.

Competitive rifleman from Venezuela sought EB-1A extraordinary ability classification in athletics. Met awards criterion with 2002 South American Games medal but failed to demonstrate sustained international acclaim after 2003 or meet three required criteria. Appeal dismissed for insufficient evidence of continued excellence.

Sambo athlete petitioned for EB-1A extraordinary ability in athletics. Claimed awards at junior-level championships and association membership. AAO found junior competitions not at top level, awards unverified, membership criteria unmet, and competitive victories insufficient as original contributions. Appeal dismissed.

Oil painter filed EB-1A petition with evidence of exhibitions in multiple countries. AAO found exhibitions criterion met but rejected awards, membership, and publications as lacking national or international recognition. Overall evidence insufficient to establish extraordinary ability at field's apex.

Commercial printing company petitioner seeking classification for beneficiary in business. Claimed beneficiary won prestigious awards and selections; AAO found special assignments and cadet-level awards lack required national or international recognition. Evidence insufficient to show extraordinary ability among small percentage at top of field.

Artist seeking EB-1A extraordinary ability in the arts. Petitioner submitted evidence relating to awards, publications, scholarly articles, leading role, and commercial success criteria. AAO held none met; no sustained acclaim demonstrated and record contained no evidence of sustained acclaim after U.S. entry.

Biophysics researcher seeking EB-1A in sciences. Counsel submitted brief and evidence addressing awards, membership, judging, original contributions, and scholarly articles criteria. AAO upheld denial, finding only scholarly articles criterion met but overall evidence insufficient for extraordinary ability at very top level of field.

Professional musician, composer and producer self-petitioner sought EB-1A classification. Claimed awards, membership, published material, and critical role criteria. AAO affirmed dismissal finding petitioner failed to substantiate any criteria adequately and did not meet requirement of three satisfied criteria.

Research scientist sought EB-1A extraordinary ability classification in sciences. Claimed awards, membership, published material, judging, original contributions, and scholarly articles. AAO found only scholarly articles criterion met; evidence insufficient to demonstrate sustained national acclaim or place among top percentile required for final merits step.

An artist sought extraordinary ability based on awards, board membership, published material, and exhibitions. The AAO found fraudulent submissions of three articles and that remaining evidence failed to meet three criteria. Appeal dismissed with fraud finding.

Self-represented artist claimed extraordinary ability through awards, membership, publications, and exhibitions. The AAO found awards were local or provincial, publications insufficient, and exhibitions not at significant venues. Petition dismissed with fraud finding for misrepresenting another individual's achievements.

Volleyball athlete and aspiring coach claimed extraordinary ability through awards, national team membership, and contributions to winning teams. AAO found only two criteria met with weak evidence of sustained acclaim and held coaching expertise not established, so petition dismissed.

Dermatologist and ophthalmologist researcher claimed extraordinary ability through five criteria including publications and original contributions to treatment innovations. AAO found only one criterion met and held evidence insufficient for sustained acclaim, dismissing petition.