Published AAO appeal decisions

Health technology company petitions for beneficiary as EB-1A extraordinary ability individual. Beneficiary met six of eight claimed evidentiary criteria, but AAO affirmed denial, finding evidence does not demonstrate sustained national or international acclaim or placement among the very top of technology entrepreneurship field.

Systems development manager in Brazil sought EB-1A extraordinary ability. Claimed four criteria; AAO found only judging criterion met, fewer than three required. Appeal dismissed; petitioner failed to demonstrate sustained national or international acclaim or top-tier field status.

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.

An employer petitioned for a technology entrepreneur seeking extraordinary ability (EB-1A). Claimed seven criteria initially; director found two met (judging, leading role). On appeal, petitioner claimed five others. AAO found awards and membership unmet and declined to analyze remaining criteria, reserving final merits because threshold initial evidence requirements not satisfied.

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.

Business and financial management company sponsored beneficiary in artificial intelligence and computer vision. AAO withdrew SCOPS' findings on all four criteria due to insufficient evidence and analysis, concluding record does not meet minimum three-criterion threshold for extraordinary ability.

An automotive manufacturer petitioned for EB-1A classification for a motorsports aerodynamics engineer. The petitioner claimed published material, original contributions, and high salary. The AAO found the publication not sufficiently authoritative, citations not demonstrable as significant, and wage comparisons not appropriately benchmarked, 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.

An employer petitioned on behalf of a top executive for extraordinary ability classification. The AAO withdrew the service center's previous findings on two criteria: membership and high salary. With fewer than three criteria met, the threshold initial evidence requirement failed. The AAO declined to reach final merits. Appeal dismissed.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

A global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

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.

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

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.

Software engineer in Canada employed by Twilio met two of four claimed criteria but not three required. AAO rejected awards claim, rejected comparable evidence argument for awards, rejected salary claim with new evidence, and dismissed without final merits review.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.