Published AAO appeal decisions

A director of program management in biomedical sciences sought EB-1A classification. He met three criteria: peer review, scholarly articles, and leading role. The AAO found the evidence insufficient to demonstrate sustained national or international acclaim or placement at the very top of the field, dismissing the appeal.

University sponsored assistant professor in agricultural soil science for national interest waiver. AAO sustained appeal, finding proposed research on greenhouse gas emissions and soil fertility meets all Dhanasar prongs and merits waiver.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

An IT project manager with a doctorate sought EB-1A extraordinary ability classification, claiming five criteria. The AAO found only two criteria met (fewer than the required three), dismissed the appeal, and concluded the petitioner lacked sustained national or international acclaim and top-tier standing in the field.

A semiconductor staff engineer sought EB-1A extraordinary ability classification. The AAO dismissed because he satisfied only two of ten criteria: judging and leading critical role. Original contributions lacked evidence of major significance in the field, and the record did not demonstrate sustained national or international acclaim.

AI researcher employed by data and news company met initial three criteria: judging, scholarly articles, high salary. Final merits analysis found no sustained national or international acclaim. Citation counts and letter writers' conclusions not supported by corroborating documentary evidence of field-wide impact. Appeal dismissed.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

A biomedical researcher sought EB-2 NIW classification under the Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but concluded the petitioner failed to demonstrate she was well positioned to advance the research, precluding NIW eligibility.

A taekwondo school sought to extend O-1A classification for an athletic trainer with prior approvals. The AAO dismissed a motion to reconsider, holding that prior extensions do not bind current decisions and the beneficiary failed to demonstrate three of eight required criteria or a major internationally recognized award.

Ice skating coach and choreographer failed to satisfy any three evidentiary criteria. Evidence did not demonstrate national or international acclaim or placement among top of field; awards were locally recognized.

Postdoctoral molecular biology researcher seeks EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO held that citations and journal prestige alone do not demonstrate contributions of major significance in the field.

A software technology company petitioned for its senior creative designer as an extraordinary ability worker, asserting several evidentiary criteria. The AAO found the awards, original contributions and exhibitions criteria unmet, noting the awards belonged to the employer and letters lacked specifics. The evidence did not show sustained acclaim, so the appeal was dismissed.

Badminton coach employed by training center sought O-1A classification. Petitioner claimed extraordinary ability in athletics via membership and published material criteria. AAO found membership requirements did not mandate outstanding achievements and publications were not about the beneficiary.

An oil and gas investment portfolio director claimed six extraordinary ability criteria. The AAO found three criteria met: scholarly articles, leading role, and high salary. However, at final merits the decision held the publication record was too recent and lacked citation evidence of sustained acclaim to establish extraordinary ability.

Non-profit Nordic ski club petitioned to classify assistant ski coach as O-1A nonimmigrant of extraordinary ability in athletics. AAO dismissed because beneficiary failed to meet the required minimum three of eight alternate evidentiary criteria. Awards evidence lacked documentation of national or international recognition; further criteria not analyzed due to failure at threshold.

A theater group petitioned for a scenic and projection designer under O-1 classification for extraordinary ability in the arts. The service center denied the petition. On appeal, the AAO found the matter moot because another petitioner's O-1 petition was approved, and dismissed the appeal as abandoned after no response to its notice.

Law firm petitions for instructional coordinator with doctorate in literature as EB-1A extraordinary ability applicant. Petitioner claimed four criteria met. AAO dismissed, finding none adequately established: awards were mere participation acknowledgments; published material not about beneficiary; judging unconfirmed; contributions lacked demonstrated major significance.

A law firm petitioned for its instructional coordinator, a literature scholar and former professor, as an extraordinary ability alien. The director found two criteria met. The AAO agreed on scholarly articles but withdrew the judging finding and rejected awards and published material, so three criteria were not satisfied and top-of-field standing was not shown.

Assistant professor of anesthesiology sought EB-1A extraordinary ability classification. Met judging criterion but failed three others. Published material did not qualify; original contributions, though evidenced by modest citations and presentations, lacked major significance; leading role unsupported; evidence did not demonstrate elite status. Appeal dismissed.

A law firm petitioned for a beneficiary in an advisory role claiming extraordinary ability. The AAO affirmed the service center's finding that the beneficiary met only judging and scholarly articles criteria. The decision rejected original contributions as major significance and leading role claims. The beneficiary lacked sustained national or international acclaim required for extraordinary ability.

A firearms company sought extraordinary ability classification for its chief financial officer with prior international banking experience. AAO dismissed the appeal, finding beneficiary met only two of six claimed criteria and lacked evidence of sustained national acclaim or top-tier status.

Sports medicine physician employed by medical center. Met three initial evidentiary criteria: judging, leading critical role, and scholarly articles. AAO dismissed on final merits, finding evidence insufficient to demonstrate sustained national or international acclaim or placement among very top of field.

Systems analyst specializing in ERP and business intelligence sought EB-1A through attorney petitioner. Claimed four criteria; AAO found two met but insufficient for extraordinary ability. Record lacks evidence of sustained national or international acclaim required for top-tier classification.