Published AAO appeal decisions

A businessperson sought extraordinary ability classification in business. The service center denied the petition. On appeal the petitioner announced a brief but filed nothing further and identified no error. The appeal was summarily dismissed for failing to specify any erroneous conclusion, so no criteria were analyzed.

Fashion merchandiser and purchaser sought EB-1A classification. Petitioner asserted leading and critical role criterion initially but abandoned it, then claimed only high salary criterion on appeal. AAO held salary criterion not met and found petitioner failed to establish three criteria or one-time achievement.

Human resources assistant sought EB-1A extraordinary ability classification. Claimed multiple criteria but failed to meet any of them. Director found no major award, no valid published material, no scholarly articles, insufficient evidence of original contributions, leading role, or high salary. AAO affirmed denial.

A consultant proposes to form a small business improving veterans services and wounded warrior reintegration. The AAO held all three Dhanasar prongs were met: the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it with demonstrated expertise and a credible business plan, and the United States benefits from waiving the job offer requirement given his expertise and past success.