Published AAO appeal decisions

Artificial intelligence graduate researcher failed to meet three-criterion threshold. AAO found competition awards not nationally recognized; ChatGPT-sourced supporting documents deemed unreliable. With only two criteria potentially met, final merits analysis reserved as unnecessary.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.

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.

Information technology and AI professional claimed extraordinary ability. USCIS found three criteria met: judging, scholarly articles, and leading roles. Final merits determination concluded petitioner lacked sustained national or international acclaim required for top-tier field status. Appeal dismissed; unpublished district court ruling not binding.

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.

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.

Computer systems analyst claims extraordinary ability in sciences. Met at least three initial evidentiary criteria including leading role, membership, and salary. AAO found evidence lacks sustained acclaim over long period and achievements not recognized in field through extensive documentation. Appeal dismissed.

A digital transformation architect satisfied three initial criteria but failed the final merits test. AAO found his Salesforce certification, recent judging, publications, and employment did not demonstrate sustained acclaim or placement among the very top of the field required for extraordinary ability.

Software development engineer in test claimed extraordinary ability under EB-1A, citing five criteria. AAO found he met judging and high salary criteria but abandoned other claims on appeal. Two criteria insufficient; record did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

Founder and CEO of an AI platform company sought EB-1A classification. Petitioner claimed seven evidentiary criteria and sustained acclaim. AAO affirmed SCOPS finding that only judging criterion was met. Venture capital funding, fellowship participation, and other claims failed because they lacked necessary recognition or expert evaluation. Appeal dismissed.

A founder and CEO of an AI auditing platform startup seeks EB-1A extraordinary ability classification. Petitioner claimed six criteria; SCOPS found two met. AAO withdrew and remanded, finding the leading/critical role criterion additionally satisfied, but remanded for final merits determination on whether the evidence shows sustained national or international acclaim and place among the very top.

A technical program manager claimed extraordinary ability under EB-1A, meeting two of ten criteria. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability. Petitioner satisfied judging and scholarly articles criteria but failed to demonstrate that his original contributions had major significance or that he had national or international acclaim.

Technology entrepreneur and CEO claims extraordinary ability in AI systems and industrial devices. Petitioner satisfied two criteria (scholarly articles, critical role) but failed to meet three required criteria. Awards claim unsupported; venture capital not a recognized prize. Membership requirements lack outstanding achievement standard. Appeal dismissed.

A cybersecurity engineer claiming extraordinary ability in EB-1A satisfied four of seven claimed criteria. The AAO dismissed the appeal, finding that while regulatory criteria were met, the totality of evidence failed to demonstrate sustained national or international acclaim and placement among the very top in the field.

An IT specialist in cloud computing and cybersecurity sought EB-1A extraordinary ability classification. He claimed seven criteria; the Service Center found four met. On appeal, the AAO rejected awards and memberships as unmet and concluded the petitioner failed to satisfy the three-criterion threshold, so final merits was not addressed. Appeal dismissed.

Information security associate vice president claimed seven criteria and satisfied three: judging, leading role, and high salary. AAO held initial evidence requirements met but final merits analysis showed insufficient evidence of sustained acclaim or placement among small percentage at top of field.

Digital marketing and computer vision entrepreneur self-petitioned for EB-1A extraordinary ability. Claimed five evidentiary criteria but met only one regarding published articles. AAO withdrew SCOPS salary finding and affirmed that petitioner failed three-criterion threshold for immigrant visa eligibility.

An information security analyst in IT and cybersecurity sought EB-1A classification. She claimed four criteria across proceedings. The AAO found membership and salary criteria unmet and reserved analysis of two others. Aggregate review showed no sustained national or international acclaim or evidence of top-tier recognition in the field.

CEO and software engineer claims extraordinary ability in sciences under EB-1A. AAO affirmed denial, finding petitioner met zero of seven evidentiary criteria claimed, lacking nationally recognized awards, relevant professional memberships, major contributions to field, scholarly publications, or high salary evidence.

Senior security engineer claiming extraordinary ability in IT security. Petitioner claimed seven criteria but satisfied only two: judging and high salary. AAO dismissed appeal, finding insufficient evidence of national or international recognition, outstanding achievements through memberships, or published materials meeting regulatory standards. Record lacks evidence of sustained acclaim placing petitioner at field's top.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Web developer and digital designer seeking EB-1A extraordinary ability classification. Petitioner claimed three evidentiary criteria but lacked documentary evidence for association membership. AAO held petitioner failed to meet minimum three criteria; even in aggregate, record does not support sustained national or international acclaim required; appeal dismissed.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.