Published AAO appeal decisions

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

Martial arts studio petitioned for instructor beneficiary for O-1A extraordinary ability in athletics. Beneficiary met only one of three required initial criteria and could not establish sustained national or international acclaim; appeal dismissed.

Professional auto racing team petitioned for an engineer employed since 2016. Petitioner met three evidentiary criteria but AAO found the totality of evidence insufficient to demonstrate sustained national or international acclaim or position among the very top of the field of automotive engineering.

Media production agency petitioned for O-1A classification for senior vice president of production finance. AAO dismissed motions, finding only one criterion met and insufficient documentation of membership in associations requiring outstanding achievements judged by recognized experts.

Research analyst with advanced degree sought NIW for EB-2 proposing research on preventing recidivism in juvenile detention facilities. AAO found beneficiary qualified for EB-2 but dismissed because proposed endeavor lacked sufficient evidence of national importance or broader field impact.

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

A mathematical researcher petitioned by a financial management business for EB-1A classification. Four criteria were met: judging, scholarly articles, critical role, and high salary. However, the AAO dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

Geoscientist seeking national interest waiver for exploration geology work. Director found substantial merit but no national importance. AAO affirmed; endeavor lacks broader implications, significant job creation potential, or substantial positive economic effects beyond employer and clients.

Mechanical engineer with advanced degree seeking NIW. Proposed endeavor involved high-end engineering work in oil and gas industry. AAO found endeavor has substantial merit but lacks national importance. Impact limited to employer and clients without broader implications for mechanical engineering or oil and gas field. No significant U.S. employment potential shown.

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

An athlete management business sought to extend O-2 status for two support workers accompanying a professional athlete holding O-1 status, working as content creators and media strategists. The AAO dismissed the appeal because the record did not show substantial experience with critical skills integral to the athlete's performance, and credibility concerns arose.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.