Published AAO appeal decisions

A director of program management in biomedical sciences sought EB-1A classification. He met three criteria: peer review, scholarly articles, and leading role. The AAO found the evidence insufficient to demonstrate sustained national or international acclaim or placement at the very top of the field, dismissing the appeal.

Actor in Chinese film, television and theater sought EB-1A extraordinary ability. AAO dismissed appeal, holding petitioner met three regulatory criteria but failed the final merits determination requiring sustained national or international acclaim and placement among the small percentage at the very top of the field.

An associate professor of geotechnical engineering in Venezuela sought EB-1A classification. He claimed seven criteria but met only two: judging and scholarly articles. The AAO dismissed because he failed to establish three criteria, and the record did not demonstrate sustained national or international acclaim or that he ranks among the very top in his field.

A reggae guitarist filed for EB-1A extraordinary ability claiming six criteria. The AAO affirmed the director's finding that the petitioner met only one criterion and dismissed the appeal, holding the remaining evidence insufficient to establish either a one-time achievement or three qualifying criteria.

A personal fitness trainer claimed extraordinary ability based on work with one film production. The AAO affirmed the director's finding that she met only one criterion and lacked evidence of sustained national acclaim or top-tier status.

An electric car system engineer sought EB-2 with national interest waiver. He claimed advanced degree eligibility and proposed future employment or business ventures in vehicle systems. The AAO affirmed denial, finding he failed to identify a specific, clearly-defined endeavor with substantial merit and national importance; broad industry growth alone does not satisfy Dhanasar.

University sponsored assistant professor in agricultural soil science for national interest waiver. AAO sustained appeal, finding proposed research on greenhouse gas emissions and soil fertility meets all Dhanasar prongs and merits waiver.

A stage actor sought EB-1A extraordinary ability classification. Although the AAO found she met at least three of ten evidentiary criteria, it dismissed her appeal because her local and regional theater success, Latino-focused media coverage, and festival participation did not demonstrate sustained national or international acclaim among the very top of the field.

Long-distance runner sought EB-1A extraordinary ability classification. Claimed three evidentiary criteria: prizes, published material, and original contributions. AAO affirmed one criterion met but rejected published material as limited to local coverage and original contributions absent, failing three-criterion threshold.

A percussionist who accompanies well-known artists sought extraordinary ability classification, claiming six criteria. The AAO held that awards, membership, exhibitions and commercial success were not satisfied, reserved two others, and so found fewer than three criteria. It added that the record showed no sustained acclaim.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.

Finance manager sought EB-2 classification with national interest waiver. Service center found advanced degree qualification but denied waiver. Petitioner asserted national importance through financial management benefits and community financial literacy. AAO held proposed work lacked national importance under Dhanasar first prong and dismissed appeal.

A physician and researcher seeks a national interest waiver for EB-2 classification to continue arthroplasty research aimed at improving joint replacement outcomes. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it, and waiving the job offer requirement would benefit the United States given his proven research capabilities.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

A television and movie producer in China claimed extraordinary ability, satisfying only scholarly articles of ten criteria. The AAO affirmed that five additional claimed criteria were not met or lacked sufficient evidence, and concluded no extraordinary ability was shown, dismissing the appeal.

Poet seeks EB-1A extraordinary ability classification. Met awards and judging criteria but failed published material criterion due to documentation defects and unverified translations. AAO found insufficient evidence of sustained national or international acclaim required for extraordinary ability.

A postsecondary education administrator sought EB-2 with national interest waiver. She claimed advanced degree eligibility and intended to continue education administration work, proposing benefits to higher education broadly. The AAO affirmed denial, finding no evidence her specific endeavor extends beyond individual employers to affect the field or system at a national level.

Martial arts athlete and coach in taekwondo, muay thai, and hapkido sought extraordinary ability classification. AAO found he met three evidentiary criteria: national awards, published material, and judging. However, the final merits analysis concluded he lacked sustained national or international acclaim required for EB-1A.

Maternal and child health specialist and school principal met two criteria: published material and judging. Did not establish leading role for distinguished organization. Director and AAO found only two criteria met, below three required. Lacks sustained national or international acclaim. Appeal dismissed.

Cardiovascular researcher self-petitioner claimed extraordinary ability based on four criteria: judging, original contributions, scholarly articles, and leading role. AAO found only two criteria met; original contributions lacked evidence of major significance despite citations. Appeal dismissed as petitioner failed to establish three criteria and sustained national or international acclaim required.

Physician and researcher in hematology oncology sought EB-1A extraordinary ability classification. Met only one criterion (scholarly articles) according to AAO analysis. AAO dismissed appeal holding petitioner failed to establish three required criteria and lacks evidence of sustained national or international acclaim or elite status in field.

An AI technology entrepreneur and CEO sought EB-1A classification. The service center found two of five claimed criteria met; the AAO found a third criterion satisfied (original contributions through patents). The AAO concluded the petitioner demonstrated sustained national acclaim and exceptional status in the field, sustaining the appeal.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

A taekwondo athlete and coach with exceptional ability sought NIW for continued coaching and competition. The AAO dismissed because his proposed work lacked national importance; coaching at club level would not impact the sport broadly enough to meet Dhanasar's first prong.