Published AAO appeal decisions

A musician sought EB-1A classification by claiming eight criteria. The AAO found one criterion satisfied but dismissed the appeal because the petitioner failed to establish three of ten required criteria. The decision held that the petitioner lacked the sustained national or international acclaim and top-tier status required for extraordinary ability.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

A dancer and dance instructor seeks EB-1A classification. The petitioner claimed four criteria, but the AAO found the awards lacked national recognition and judging evidence was deficient. Two other criteria were reserved as not dispositive. The AAO dismissed because petitioner failed to meet either one major award or three of ten criteria, lacking sustained acclaim at the top of the field.

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Self-petitioner integration architect in energy efficiency claiming extraordinary ability. Advanced three criteria on appeal; failed original contributions as major significance not demonstrated beyond employer context. AAO dismissed appeal because claimed criteria insufficient and aggregate record lacks sustained acclaim.

A pharmacist sought EB-1A classification. She claimed membership in associations, scholarly articles, display at artistic events, and leading roles. The AAO affirmed the Director's finding that she met none of the ten criteria, failing to reach the required minimum of three, and dismissed the appeal.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

A Russian-trained musician seeks EB-1A classification for extraordinary ability. He claimed five criteria but only addressed awards on appeal. The AAO found he failed to satisfy three of ten criteria and lacks sustained national or international acclaim required for the classification.

A software developer specializing in 3D digital scanning since 1998, working as CTO for a major dental scanning company, sought EB-1A classification. The AAO found three criteria met and, reviewing the record holistically, determined the evidence established sustained national acclaim and top-tier status. Appeal sustained.

A Kyrgyz history and culture scholar claims extraordinary ability in EB-1A. Director found evidentiary criteria met but denied on final merits. AAO sustained denial, finding the petitioner accomplished but not among the very top of the field despite national recognition and publications.

Gymnastics coach sought EB-1A extraordinary ability classification. Claimed five criteria; AAO found only judging criterion met. Appeal dismissed because petitioner failed to establish three required criteria and lacks sustained national or international acclaim at top of field.

Author sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner satisfied fewer than three initial regulatory criteria; withdrew published material finding and rejected high salary claim, concluding overall record lacks evidence of sustained acclaim required for top-tier classification.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

Music event producer claimed six extraordinary ability criteria. Director found only judging criterion met. Petitioner appealed with new evidence on awards, original contributions, and exhibitions. AAO affirmed dismissal: awards lacked field recognition, exhibitions were not artistic in nature, and only one criterion met precluded the three-criterion threshold.

Telematics systems engineer and CEO of tracking technology company. Self-petitioner seeking EB-1A extraordinary ability classification. Met three of seven claimed criteria but failed final merits determination; lacked sustained national or international acclaim required for top-tier classification.

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.

Brazilian jiu-jitsu competitor seeking EB-1A extraordinary ability. AAO affirmed denial because petitioner failed to meet major award criterion and could not satisfy three initial criteria. Tournament awards in Master division lack sufficient context and do not demonstrate excellence. No final merits analysis reached.

Social media influencer sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner satisfied no evidentiary criteria. Platform Platinum status is objective threshold not requiring expert judgment; income alone insufficient for commercial success; record lacks evidence of sustained national acclaim or position at field's top tier.

Photographer sought EB-1A extraordinary ability classification. AAO held petitioner failed to meet three evidentiary criteria; membership and published material criteria were not satisfied. Final merits step not reached because criteria threshold not met.

A digital influencer with content on TikTok and YouTube sought EB-1A extraordinary ability classification. Claiming seven criteria, she established none sufficiently. The AAO rejected awards, membership, published material, original contributions, and commercial success findings; high salary and judging were not analyzed. Without three criteria met, she failed the initial requirement and was ineligible.

Weapons development specialist from Ukraine sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met at least three criteria but failed final merits determination, showing only government-level recognition without demonstrating sustained national or international acclaim.

Long-distance runner sought EB-1A classification claiming extraordinary ability. AAO dismissed appeal finding one criterion met but aggregate evidence insufficient; runner did not demonstrate sustained national or international acclaim or position among small percentage at field top.