Published AAO appeal decisions

An accountant position offered by a merchandise wholesaler was filed as an H-1B specialty occupation petition, not an extraordinary ability petition. The employer argued the job requires a bachelor's degree in accounting. The appeal was dismissed because the duties were described generally and none of the four specialty occupation criteria was shown.

A newly formed company sought to employ a chief financial officer for a planned retail food store, classified as a specialty occupation worker under the H-1B category. The AAO dismissed the appeal because the duties and the start-up's circumstances did not show the position required a specific bachelor's degree. This is not an O-1A matter.

Counsel-represented economist formerly employed by Canadian Department of Finance claims extraordinary ability through awards, publications, critical role, and salary. AAO found witness letters insufficient primary evidence, publications not in major media, role subordinate, and salary unexceptional. Overall evidence failed to demonstrate top-tier status.

Senior quantitative analyst in economics claiming extraordinary ability through scholarly articles and professional role. AAO held one criterion met but overall failed to establish sustained national or international acclaim. Evidence shows talent but not top-tier distinction required; peer review routine and salary comparison lacking.

A finance researcher claimed extraordinary ability based on academic awards, teaching honors, research grants, and professional memberships. The AAO found academic honors ineligible as student-only awards, internal teaching award not nationally recognized, grants not excellence prizes, and membership lacking evidence of outstanding-achievement requirements. Petition dismissed.

A financial researcher and assistant professor sought extraordinary ability classification. She presented academic honors, teaching awards, internal grants, and professional association memberships. AAO found academic awards student-limited, internal grants lack national acclaim, and association memberships lack evidence of merit-based admission requirements.

Senior quantitative analyst for financial institution claimed extraordinary ability in business. Met original contributions criterion through cutting-edge forecasting work but failed membership, judging, critical role, and high salary criteria. AAO dismissed appeal; only one criterion met when three required.