Published AAO appeal decisions

Entrepreneur in mergers and acquisitions and financial services sought EB-1A classification. Claimed seven criteria. AAO found awards and leading role criteria were not met because supporting evidence lacked adequate recognition and organization stature alone does not establish award prestige. Salary criterion failed for lack of comparative data. Appeal dismissed.

Multimedia host and creative producer sought EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO affirmed USCIS finding that petitioner met only two criteria (published material and critical role), failing three-criterion threshold. No evidence of sustained national or international acclaim at field's top level.

Leadership and personal development consultant sought EB-1A extraordinary ability. AAO found published material criterion met but judging and leading role criteria failed; overall evidence lacked sustained acclaim or elite positioning. Decision noted willful misrepresentation of material facts. Appeal dismissed.

An investment banker claimed extraordinary ability in his field. He met four regulatory criteria but failed on high salary and overall final merits. The AAO upheld dismissal, finding he is on a trajectory to reach the top but is currently a mid-career associate without demonstrated seniority, major deal leadership, or industry-wide reputation required for extraordinary ability.

Healthcare payer business unit manager sought EB-1A extraordinary ability classification. AAO found petitioner established only one criterion—leading critical role—but failed awards, original contributions, and high salary criteria. Petition dismissed for failing to meet three-criterion threshold for extraordinary ability.

A software developer working in machine learning seeks EB-1A extraordinary ability classification. She claimed six criteria; USCIS found four met (judging, authorship, leadership role, high salary). The AAO affirmed dismissal because the totality of evidence does not demonstrate sustained national or international acclaim or placement in the very top of the field.

Business operations specialist seeking EB-1A extraordinary ability classification. Claimed high salary, membership, original contributions, and leading role criteria. AAO held high salary determination by service center withdrawn due to lack of comparative evidence; membership criterion not met; beneficiary cannot achieve required three-criterion threshold.

Research scholar and professor claims extraordinary ability. Met three regulatory criteria but failed final merits determination. AAO found evidence does not demonstrate sustained national or international acclaim required for small percentage at top of field.

A computer science engineer in management positions sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three required evidentiary criteria, and declined to reach the final merits determination.

Medical nutrition executive appealed EB-1A denial. AAO found she satisfied three initial evidentiary criteria including high salary, published material, and original contributions. However, appeal dismissed because petitioner failed final merits determination; evidence insufficient to establish sustained national or international acclaim placing her among the small percentage at the field's very top.

Transit-oriented development executive self-petitioned for EB-1A extraordinary ability. Although satisfying four initial criteria for published material, judging, scholarly articles, and high remuneration, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for extraordinary ability status.

Road safety equipment manufacturer and director sought EB-1A extraordinary ability. Claimed eight criteria; AAO found three met (leading role, high salary, and one other). Dismissed on final merits, finding petitioner's local recognition and regional reputation insufficient to demonstrate extraordinary ability at top level of field.

Supply chain and materials management professional met three initial EB-1A criteria through published material, judging, and critical role. However, AAO affirmed dismissal because evidence did not demonstrate sustained national or international acclaim or that petitioner rose to the small percentage at the very top of his field.

A dance coach self-petitioner claimed five EB-1A criteria. SCOPS denied the petition for failing to meet three criteria. The AAO remanded because SCOPS failed to analyze all claimed criteria and did not provide reasoned explanation, denying the petitioner meaningful appellate review.

A lead application developer in enterprise software and analytics sought EB-1A classification, claiming seven criteria. The service center accepted judging, scholarly articles and salary, then denied on final merits. The AAO agreed, finding the record did not show sustained national or international acclaim or top-of-field standing, and dismissed the appeal.

A digital marketing and communications director claimed seven criteria for extraordinary ability. The AAO found only two criteria met: judging and scholarly articles. Even meeting two criteria, the petitioner failed to demonstrate sustained national or international acclaim among the small percentage at the top. Appeal dismissed.

Marketing professional met initial evidentiary criteria with four categories. However, AAO found evidence insufficient for final merits determination of sustained acclaim and placement among very top of field. Record lacked degree of recognition required by statute. Appeal dismissed.

Regulatory affairs manager in business seeks EB-1A. Petitioner claimed multiple criteria including awards, publications, judging, and high salary. AAO found at least three criteria met but concluded totality of evidence does not establish sustained national or international acclaim or top-tier status in the field.

A finance controller and startup CEO with an O-1 visa claimed EB-1A status. AAO found he failed to establish three criteria: membership in qualifying associations, high salary compared to field peers, and therefore fell below the threshold, dismissing the petition without reaching final merits.

Former cricket player who competed internationally 2001-2007 sought EB-1A extraordinary ability classification. Met three of ten initial criteria but the AAO dismissed the appeal because the totality of evidence did not establish sustained national or international acclaim placing him among the very top of his field.

Software test automation engineer met all seven claimed initial criteria. However, AAO affirmed denial at final merits stage, finding evidence concentrated in 2024-2025 lacks sustained national or international acclaim. Work influence confined within company; does not demonstrate top-tier field standing.

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

Tattoo artist with black-and-gray specialization sought EB-1A extraordinary ability classification. Met four initial criteria including published material, judging, exhibitions, and remuneration. AAO found totality of evidence insufficient for sustained national or international acclaim required for small percentage at top of field. Appeal dismissed.

An entrepreneur sought EB-1A classification based on five claimed criteria. The AAO affirmed SCOPS findings that he met judging and leading role criteria but rejected published material due to missing author attribution, original contributions as lacking major significance, and high salary due to insufficient documentation. Appeal dismissed.