Published AAO appeal decisions

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Research associate in physics seeks EB-1A extraordinary ability classification. Met three of ten initial evidentiary criteria including judging and scholarly articles. AAO held evidence insufficient for final merits determination; routine research activities and limited recognition do not establish sustained acclaim or top-tier status required for extraordinary ability.

A physicist employed by a university as assistant professor claimed extraordinary ability for O-1A visa. Petitioner met three criteria but AAO found insufficient evidence of sustained national or international acclaim or place among small percentage at field's very top. Judging of nine journal articles and publication record lacked comparative evidence showing top-tier status.

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.

An applied physicist employed as an engineer sought EB-1A classification. He met two initial criteria (judging and scholarly articles) but failed to establish a third. The AAO dismissed the appeal because his original contributions lack demonstrated major significance and his accomplishments do not show sustained national or international acclaim required for the classification.

A physicist counsel-represented beneficiary claimed EB-1A based on publications, judging, and original contributions. The AAO dismissed the appeal, finding only the scholarly articles criterion met and no evidence of sustained national or international acclaim placing him at the very top of his field.

Employer-sponsored petition for semiconductor laser physics researcher claiming extraordinary ability through awards and research grants. AAO found the Russian award was a state scholarship not a nationally recognized prize, the Japanese fellowship was funding not an excellence award, and grant documentation was incomplete and uncertified. Appeal dismissed.