Published AAO appeal decisions

Attorney petitioner for management analyst beneficiary claimed four criteria; Director found two met. AAO affirmed only two met and rejected original contributions and leading critical role findings; appeal dismissed as threshold three criteria not satisfied.

Senior research associate in physics claims extraordinary ability through five criteria. Service center found two met. AAO affirmed two criteria met but rejected awards and original contributions, finding petitioner lacked evidence of major significance or sustained acclaim required for extraordinary ability classification.

A chemistry, manufacturing, and controls regulatory affairs researcher met three evidentiary criteria (published material, judging, scholarly articles). However, on final merits the AAO found insufficient evidence of sustained national acclaim or that she ranked among the very top of her field. Limited press coverage and peer review activities did not demonstrate differentiation from peers. Appeal dismissed.

A maritime data scientist seeking O-1A classification through an employer (high-tech data analytics company) met two criteria (judging and scholarly articles) but not three required. The AAO dismissed the appeal, finding original contributions lacked demonstrated major significance in the field.

A researcher employed as associate director sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading role. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or placement among the very top of the field despite meeting the threshold criteria.

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.

Pharmaceutical company petitioner sought to classify beneficiary as having extraordinary ability in their field. Although beneficiary met three initial criteria—judging, scholarly articles, and critical role—the AAO found she did not demonstrate sustained national or international acclaim or that she ranks among the very top of her field based on totality of evidence.

Research chemist sought EB-1A extraordinary ability classification. AAO found three criteria met but concluded final merits analysis demonstrated lack of sustained international acclaim or placement among small percentage at field top, dismissing appeal.

Biomedical technology company petitions for senior research specialist in cancer research for O-1A visa. Satisfied judging and scholarly articles criteria but failed original contributions of major significance criterion. AAO dismissed, finding insufficient evidence of extraordinary ability.

A patent agent employed in Massachusetts claimed extraordinary ability based on judging, scholarly articles, and original contributions. The AAO found two criteria met but concluded original contributions lacked evidence of major significance despite high-impact publications and citations, falling short of the three-criterion minimum.

Computer scientist employed in data science seeking EB-1A extraordinary ability. AAO affirmed denial because applicant met only one of three required evidentiary criteria. Scholarly articles alone insufficient; no evidence of sustained national or international acclaim or top-tier field placement.

Senior mobile applications developer claimed extraordinary ability via seven criteria. Failed membership, published material, judging, artistic display, and salary criteria. Did not reach leading role or original contributions claims. Record lacks sustained acclaim and top-tier status for developer.

A senior chemist met two criteria (judging, scholarly articles) but needed three. The AAO rejected his claim of original contributions of major significance, finding citations and licensing agreements insufficient to show field considers his research majorly significant. No evidence demonstrated sustained national or international acclaim at the very top of the field. Appeal dismissed.

Creative director claimed extraordinary ability through six criteria including awards, membership, published material, and original contributions. AAO found only judging criterion met; awards were team-based, memberships did not qualify, published material requirement unmet, and designs lacked major significance. Appeal dismissed.

A radiology and radiological science researcher sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding she met four initial criteria and demonstrated sustained national and international acclaim through published work, high citations, innovative contributions to cancer research, and field recognition consistent with being among the very top.

A geologist employed by a law firm petitioner sought extraordinary ability classification. She met three evidentiary criteria: judging, scholarly articles, and published material. However, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim or that she represents the top small percentage of her field.

A surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.

Senior staff electrical engineer seeks EB-1A classification claiming judging, scholarly articles, and original contributions of major significance. AAO found judging and scholarly articles met but original contributions lacked evidence of major field significance. Only two criteria satisfied; appeal dismissed.

Chief technology officer sought EB-1A extraordinary ability classification. AAO found only one criterion clearly met (judging) and concluded record lacked sustained national or international acclaim or placement at top of field, dismissing appeal.

Senior electrical engineer and project manager sponsored by employer. Met judging, scholarly articles, and high salary criteria but failed final merits. Despite satisfying three initial criteria, record insufficient to establish sustained national or international acclaim or status among very top professionals in field.

A consumer audio company petitioned for O-1A classification for its founder and CEO with a Ph.D. in computer science. The AAO found only the judging criterion met and dismissed the appeal, concluding the beneficiary lacked extraordinary ability in business or sciences without major award or three qualifying criteria.

Rhythmic gymnastics association petitioned for O-1A visa for a coaching beneficiary. Petitioner claimed membership, judging, and original contributions criteria. AAO found the unsigned letter insufficient for membership, no evidence of actual judging participation, and vague contribution descriptions, failing to meet three required criteria.