Published AAO appeal decisions

Strategic consulting firm sponsored senior trade and diplomatic advisor. Three criteria met: scholarly articles, leading role, high salary. Published material and original contributions rejected; articles not about beneficiary, letters lacked specifics. Appeal dismissed.

Healthcare and life sciences management specialist holding advanced degree sought national interest waiver of job offer requirement. Director approved advanced degree classification but denied waiver. AAO found proposed endeavor lacks substantial merit at national level because it extends only to employer and clients without broader field impact. Appeal dismissed.

Soccer academy petitioned for soccer coach as O-1A nonimmigrant athlete of extraordinary ability. AAO dismissed appeal; beneficiary failed to meet any of eight evidentiary criteria, missing major award or three qualifying forms of documentation.

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.

E-commerce gourmet meal delivery CEO sought EB-1A extraordinary ability. Employer-petitioner showed beneficiary met published materials and leading role criteria. AAO dismissed because only two criteria met and no major award, finding insufficient evidence of sustained national or international acclaim.

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.

Film production company petitioned for storyboard artist with O-1A extraordinary ability visa. Petitioner claimed at least three evidentiary criteria met but AAO found evidence satisfied fewer than three required criteria: no significant award, no lead role in distinguished productions, insufficient published material recognition.

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.

Software design company petitioned for visual designer beneficiary claiming extraordinary ability. Beneficiary claimed awards, leading role, and one other criterion. AAO found only two criteria met, insufficient for eligibility, and did not reach final merits determination.

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.

A financial specialist seeking EB-2 classification with national interest waiver for facilitating Eastern European investment in U.S. real estate. Qualifies as advanced degree holder but fails NIW first prong; proposed endeavor has substantial merit but lacks national importance, showing insufficient economic impact beyond company operations.

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 financial manager sought an EB-2 national interest waiver to work for U.S. companies on restructuring and foreign investment attraction. The AAO dismissed because her proposed endeavor lacked national importance; it would only benefit her employer and clients, not the financial services industry or broader economy.

Teacher seeking EB-2 classification with national interest waiver. Advanced degree and exceptional ability claims both rejected; did not satisfy three criteria required. For NIW, proposed special education work found to lack national importance beyond individual school context. Appeal dismissed.

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.

A newspaper petitioned for a graphics and multimedia editor as extraordinary ability alien. Beneficiary claimed awards, published material, original contributions, leading role, and high salary. AAO dismissed, finding no major award and only two criteria met, but three required; work shows team contribution, not individual sustained acclaim at field's top.

Financial trading firm sponsored quantitative researcher for EB-1A extraordinary ability. Director found beneficiary met two of ten criteria. Petitioner claimed two additional criteria on appeal. AAO held petitioner failed to establish three required criteria and lacked sustained national or international acclaim. Appeal dismissed.

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 semiconductor manufacturer petitioned for a process engineer beneficiary under EB-2 NIW. Service center granted advanced degree but denied waiver. AAO affirmed denial: proposed process engineering work lacked national importance under Dhanasar because petitioner failed to show the endeavor's prospective impact on U.S. employment or broader field implications beyond company operations.

A chef was proposed for O-1 extraordinary ability in the arts classification by a property management business. The service center denied the petition for not meeting the arts criteria. The AAO dismissed the appeal as moot because the beneficiary had since become a lawful permanent resident.