Published AAO appeal decisions

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.