Can physicians get an O-1A? What 22 AAO decisions say

Published AAO non-precedent decisions, 2003–2023 · updated 2026-10-16

Between 2003 and 2023 the AAO published 22 O-1A appeal decisions from medicine petitioners; 1 was sustained and 15 dismissed. The most common ground for dismissal: not shown to be among the small percentage at the top of the field (7 of the 19 merits dismissals, 37%). These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

  1. 7 of 19 Not shown to be among the small percentage at the top of the field
    “The AAO determined that the beneficiary's awards, such as a 'Teacher of the Year Award,' were local institutional honors and not evidence of national or international acclaim.” AAO, n.d.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20232 (—)002
20103 (—)104
20056 (—)006
20042 (—)002
20032 (—)002

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Awards or prizes2022290.9%
Membership in associations12113—
Judging9110—

Example Decisions

Sustained2010-12-20The director initially denied the petition, concluding the beneficiary did not meet the required three evidentiary criteria, having only satisfied two. On appeal, the petitioner asserted that the director failed to… Dismissed2023-03-23The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met at least three of the required evidentiary criteria. The evidence provided for 'original contributions of major… Dismissed2023-02-06The appeal was dismissed because the petitioner failed to prove the beneficiary met at least three of the required evidentiary criteria. The AAO overturned the Director's finding on the 'judging' criterion, concluding… Dismissed2010-10-14Although the petitioner submitted evidence that technically met the minimum count of three criteria (judging, original contributions, and scholarly articles), the appeal was dismissed. In the final merits determination,… Dismissed2010-10-14The appeal was dismissed because, although the petitioner submitted evidence under three regulatory criteria (judging, original contributions, and scholarly articles), the AAO found this evidence reflected routine… Dismissed2010-10-14The appeal was dismissed because even though the petitioner submitted evidence relating to three criteria, the AAO determined this evidence was insufficient. The beneficiary's accomplishments were deemed routine for the…
Dismissed cases most often lacked that the awards were nationally or internationally recognized; that contributions were of major significance in the field; an overall finding of extraordinary ability or sustained acclaim.

Sample: published AAO non-precedent decisions collected from uscis.gov, 2003–2023. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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