Published AAO appeal decisions

Classical music composer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held beneficiary did not sufficiently contextualize or compare accomplishments to other renowned composers to show sustained acclaim and elite status.

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.

A petitioner sought to establish extraordinary ability for their beneficiary, claiming satisfaction of regulatory criteria without a major award. Although the service center found three criteria met, the AAO withdrew one finding on published material and found the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the 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.

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 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.

Technology company petitioned for CTO classified as extraordinary ability in technology entrepreneurship. SCOPS found two criteria met; AAO found judging criterion also satisfied. Decision remanded for final merits determination on sustained acclaim and top percentile status after establishing three evidentiary criteria.

Employer petitions for pain management physician with neurology research background claiming extraordinary ability. Beneficiary claimed four criteria; only two met: judging and scholarly articles. Original contributions lack concrete evidence of major significance to field; leadership roles not sufficiently demonstrated. Falls short of three-criterion threshold.

University-sponsored global engagement coordinator claiming extraordinary ability. Petitioner established two of eight alternate criteria: judging and scholarly articles. Failed to demonstrate three required criteria under published material and original contributions standards. Decision not reached on final merits assessment.

Clinical director in implant dentistry petitioner claimed five criteria; service center found only one met. AAO found beneficiary also met judging and critical role criteria on de novo review. Case remanded for final merits determination assessing whether sustained acclaim and top-tier status demonstrated.

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 data scientist employed at a tech company petitioned for EB-1A. The AAO found the petitioner failed to meet the threshold requirement of three initial evidentiary criteria. Only the awards criterion was analyzed and rejected; remaining criteria were not addressed as the first prong already failed.

Transportation architect with master's degree and H-1B work history claimed seven criteria for extraordinary ability. AAO found three criteria met: judging, scholarly articles, and leading roles. On final merits, AAO determined petitioner failed to show sustained national or international acclaim or recognition required for top-tier classification.

An audio-visual agency filed for a cinematographer and drone cameraman with extraordinary ability. The AAO found he met two criteria (judging and exhibitions) but failed the third-criterion threshold and final merits test for sustained acclaim at field leadership level.

Physician and research fellow in immunology sought EB-1A classification. Met two criteria: published material and judging. Awards not recognized for field excellence; original contributions not demonstrated as major significance. Failed three-criterion threshold. Appeal dismissed.

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.

Technology company petitioned for senior director in customer experience as EB-1A extraordinary ability. Employer established at least three evidentiary criteria, but AAO found limited, recent evidence does not demonstrate sustained acclaim or placement among small percentage at top of field; appeal dismissed.

Clinical pharmacologist employed by biopharmaceutical company met three initial evidentiary criteria but lacked sustained national or international acclaim demonstrating placement among the very top of field in pharmacokinetics and pharmacodynamics; appeal dismissed on final merits.

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.