Published AAO appeal decisions

Software development company petitioning for CEO beneficiary for EB-1A extraordinary ability. USCIS approved three criteria; AAO withdrew original contributions finding, leaving only two criteria met. Final merits determination failed to show top-tier standing, dismissing appeal.

Technology startup founder seeking EB-1A classification claimed eight evidentiary criteria; SCOPS found six met and AAO confirmed leading role criterion. However, AAO rejected the petition because sustained national or international acclaim was not demonstrated, with nearly all achievements from 2024-2025 and recognition limited to startup ecosystems, failing final merits review.

Data scientist in financial technology and artificial intelligence employed as vice president sought EB-1A classification. Met three criteria initially established by service center, but AAO withdrew the awards finding and found the totality of evidence insufficient to demonstrate extraordinary ability and placement among the top percentage of the field.

An AI investment bank petitioned for its founder, a technology entrepreneur, claiming extraordinary ability under EB-1A. The beneficiary claimed seven criteria. The AAO found venture capital funding is not an award for excellence and Forbes Technology Council membership does not require outstanding achievement judged by experts, dismissing the appeal.

An AI consulting firm sought EB-1A classification for a chief technology officer. The AAO found the beneficiary met the judging criterion on appeal, satisfying three total criteria. The matter was remanded for a final merits determination on whether the beneficiary demonstrates sustained acclaim and placement at the very top of the field.

Software engineering manager in cloud computing and AI-driven platforms sought EB-1A extraordinary ability. The AAO dismissed the appeal because although the petitioner met three initial criteria, the totality of evidence did not establish sustained national or international acclaim or that he ranks among the very top of his field.

A company petitioned for EB-1A classification for its co-founder and head of product in technology. The service center found two criteria met: leading role and high salary. The AAO affirmed denial because the petitioner failed to establish three required criteria; awards, membership, published material, and scholarship claims all fell short of regulatory standards.

Cybersecurity engineer employed as head of detection engineering sought EB-1A classification. Met initial three criteria: judging, scholarly articles, leading role, and high salary. However, final merits analysis found insufficient sustained national or international acclaim to demonstrate extraordinary ability at top percentage level.

Chief technology officer at healthcare AI company. Claimed five additional criteria beyond two met by service center. AAO found venture capital funding not a recognized prize or award, membership claim unsubstantiated, and published materials not substantially about beneficiary. Beneficiary failed three-criterion threshold; appeal dismissed.

AI technology company petitioned for O-1A classification of chief technology officer. Beneficiary met only one criterion (judging); awards, membership, and published material criteria were not satisfied. Appeal dismissed because beneficiary could not meet minimum three criteria requirement for extraordinary ability.

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

Product manager with doctorate in robotics and AI sought EB-1A extraordinary ability. AAO found three criteria met (awards, scholarly articles, leading role) but final merits analysis showed achievements insufficient for sustained national/international acclaim at top of field level.

Software engineer employed by online marketplace seeks EB-1A. Met judging and high salary criteria but only two of three required. AAO found insufficient evidence of sustained national or international acclaim or position among the very top of the field of software engineering.

Software engineer at memory storage company claimed extraordinary ability based on awards, judging, publications, and salary. AAO found judging and publications met but awards insufficient, original contributions unproven despite citations, and salary merely above median. Dismissed because only two criteria met and final merits lacking.

Technology professional petitioner claimed extraordinary ability as computer scientist based on employer awards and IEEE membership. AAO held employer awards reflect internal recognition only, not nationally recognized prizes; IEEE membership requires education, not outstanding achievement. Evidence insufficient for top-level sustained acclaim.

System analyst and director of applied clinical informatics sponsored by employer. Counsel claimed beneficiary earned prestigious prizes and awards; AAO found bonuses and incentives do not qualify as nationally or internationally recognized awards. Evidence shows talent but insufficient to demonstrate sustained national or international acclaim at top level.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.

Computer scientist sought extraordinary ability classification in intrusion detection systems. Petitioner claimed awards, membership, patents, scholarly articles, and leadership role. AAO found no major prize, no outstanding-achievement membership, and insufficient documentation of major contributions or sustained acclaim beyond affiliated institutions to meet at least three criteria.