Published AAO appeal decisions

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.

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.

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.

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.

Healthcare company petitioned for registered nurse as EB-3 skilled worker. AAO remanded because the record lacked regulatorily required audited financial statements evidencing ability to pay the proffered wage in the petition priority year 2024, and to clarify which entity would employ the beneficiary.

Financial technology company petitions for beneficiary in fintech as extraordinary ability immigrant. Claimed six criteria; director found two met. AAO finds three criteria satisfied: judging, leading role, and scholarly articles via comparable evidence of trade show presentations. Matter remanded for final merits analysis on sustained acclaim.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

A home appliance manufacturer sought extraordinary ability classification for a beneficiary. The AAO found the Director's decision conclusory and insufficiently analyzed claimed criteria, particularly published materials and original contributions, and remanded for full examination of evidence including expert letters.