Published AAO appeal decisions

Semiconductor research engineer sought NIW for EB-2 advanced degree. Petitioner demonstrated advanced degree but failed to establish national importance of proposed digital hardware and semiconductor memory engineering work. AAO found work lacked sufficient prospective impact on field or U.S. economy broadly and provided no evidence of substantial job creation or economic effects.

Computer science researcher sought national interest waiver for EB-2. Petitioner claimed substantial merit and national importance of system software research, capability to advance it, and favorable balance for U.S. benefit. AAO sustained, finding all three Dhanasar prongs met based on documented research impact and expertise.

A research scientist in machine learning and artificial intelligence self-petitioned for extraordinary ability. He met judging and scholarly articles criteria but failed to establish original contributions of major significance. The AAO dismissed, finding no evidence of sustained acclaim or top field status.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

A computer scientist specializing in 5G networks and mobile analytics met three evidentiary criteria but the appeal was dismissed. The AAO found conference presentations, peer review work, article downloads, and grant funding did not demonstrate sustained national or international acclaim required for the small percentage at the very top.

Research scientist in natural language processing and speech communication claimed extraordinary ability. Director found two criteria met. AAO affirmed those two but rejected original contributions claim, finding scholarly work and citations insufficient to show major significance. Appeal dismissed for failure to meet three criteria.

Post-doctoral researcher in computer-aided drug discovery sought EB-2 with national interest waiver. AAO found proposed research had substantial merit and national importance but dismissed appeal, holding petitioner not well-positioned to advance business endeavor; insufficient evidence of company interest or investor support.

Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.

A biomedical software developer and senior computer scientist claimed extraordinary ability under EB-1A. The AAO affirmed the director's finding that he met judging and scholarly articles criteria but rejected original contributions and leading role claims. The decision dismissed the appeal because fewer than three criteria were satisfied.

Computer engineering researcher claims extraordinary ability. Met only one criterion: scholarly articles. AAO found original contributions lacked evidence of major significance; rejected other criteria. Did not establish sustained acclaim or position at top of field.

CFD scientist petitioner claimed extraordinary ability in sciences, meeting scholarly articles and leading role criteria. AAO dismissed appeal because petitioner satisfied only two of ten required regulatory criteria and failed to demonstrate major significance contributions or outstanding membership, falling short of three-criterion threshold.

Computer scientist petitioner claimed extraordinary ability, meeting judging and scholarly articles criteria. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish original contributions of major significance or leading role, not reaching three-criterion threshold for final merits consideration.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

A specialist in intelligent transportation research and associate professor sought EB-1A in sciences. The petitioner met three criteria (judging, scholarly articles, original contributions) and demonstrated sustained national acclaim at the very top of the field. The AAO sustained the appeal.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

A computer scientist appealed a denial after submitting additional evidence of high salary on appeal. The AAO found three criteria met: judging, scholarly articles, and high salary. Final merits determination confirmed extraordinary ability through demonstrated expertise at top of field.

Self-petitioner computational research scientist sought EB-1A classification in sciences. AAO found awards, judging, and original contributions criteria not met. Published material and membership claims abandoned or not analyzed. Petitioner failed three-criterion threshold; appeal dismissed.

A professional in secure wireless communication claimed extraordinary ability as self-petitioner. AAO affirmed director's finding that petitioner failed to meet at least three of ten regulatory criteria. Evidence does not demonstrate sustained national or international acclaim or position within small percentage at very top of field. Appeal dismissed.

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

Self-represented computer scientist with Master's degree in Computer Science sought EB-1A in computer networking and network security. Failed awards criterion and membership criterion based on UPE affiliation. Final merits analysis found achievements do not establish sustained acclaim at highest level.

Information technology consultant claims extraordinary ability. Petitioner asserted meeting judging, original contributions, and published material criteria. AAO found none satisfied: seminar speaking is not judging, Oracle guide contributions lack originality and recognition beyond clients, and user guides are not major media. Overall evidence insufficient for top-level sustained acclaim.

Computer scientist seeking EB-1A extraordinary ability classification. Claimed achievement through three awards from the early 1990s and high salary. AAO found awards limited by age eligibility, temporally distant, and withdrawn salary claim insufficient. Overall evidence fails to demonstrate sustained acclaim at the very top of the field.

Scientist in optical engineering sought extraordinary ability classification. Failed to establish nationally recognized awards or original contributions of major significance. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Senior software engineer claiming extraordinary ability in sciences based on technical contributions and NATO workshop participation. AAO held no major award and no three criteria satisfied. Evidence shows talent but not sustained national or international acclaim or position in top small percentage required for EB-1A.

A self-petitioner assistant research professor in electrical or computer engineering claimed extraordinary ability. The AAO found minimal evidence of peer review meeting one criterion but concluded the overall record did not demonstrate the petitioner distinguished himself to qualify as extraordinary ability.