Published AAO appeal decisions

Attorney petitioner for management analyst beneficiary claimed four criteria; Director found two met. AAO affirmed only two met and rejected original contributions and leading critical role findings; appeal dismissed as threshold three criteria not satisfied.

An artist blacksmith sought extraordinary ability classification. Although the petitioner demonstrated three evidentiary criteria met, the AAO affirmed dismissal because the evidence does not establish sustained national or international acclaim or placement among the very top in the field.

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.

A software engineer at a self-driving vehicle company sought EB-1A classification. The petitioner claimed original contributions, leading role, and high salary. The AAO found only two criteria met (contributions and salary); the leading role claim failed because project leadership does not equal organizational leadership. The appeal was dismissed.

A quantitative analyst and vice president at a financial firm sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only leading role and high salary criteria, but failed on scholarly articles lacking major publication venues and original contributions lacking field-wide impact.

A chemistry, manufacturing, and controls regulatory affairs researcher met three evidentiary criteria (published material, judging, scholarly articles). However, on final merits the AAO found insufficient evidence of sustained national acclaim or that she ranked among the very top of her field. Limited press coverage and peer review activities did not demonstrate differentiation from peers. Appeal dismissed.

Software development executive in financial technology claimed extraordinary ability via membership, original contributions, critical role, and salary. AAO found only critical role criterion met, disagreed with director on salary, rejected membership and contributions as insufficient. Dismissed for failing three-criterion threshold.

Physician researcher in cardiovascular medicine with advanced degree seeks EB-2 national interest waiver. AAO found proposed research has substantial merit and national importance but dismissed appeal because petitioner failed to establish being well positioned to advance the proposed research endeavor.

An architectural designer employed by a real estate development company sought O-1A classification. Petitioner claimed eight criteria but only met two. AAO found published materials insufficient, lead role claim unsupported by evidence that beneficiary merely interned, and testimonials from colleagues lacked demonstrated recognition outside that circle. Appeal dismissed.

An employer petitioned for an EB-2 national interest waiver for a process engineer with a Ph.D. in chemistry. The AAO dismissed the appeal, finding the beneficiary's proposed process engineering work lacked national importance despite the employer's significant business scale, as the work would not impact the industry broadly.

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.