Published AAO appeal decisions

A Brazilian journalist self-petitioner claimed extraordinary ability based on eight criteria. The AAO found insufficient evidence for awards and published material criteria, with translation and documentation gaps. Lacking three met criteria, the petitioner was ineligible; final merits were not analyzed.

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.

A digital marketing specialist sought extraordinary ability classification. The service center found two criteria met; on appeal the petitioner claimed four more. The AAO found the threshold of three criteria satisfied but dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

Director of growth marketing claims five criteria; AAO found only published material met. Petitioner demonstrated one of three required initial criteria. Because threshold not satisfied, AAO declined final merits determination and dismissed appeal based on insufficient evidentiary foundation.

A digital media marketing strategist and agency founder claims extraordinary ability. She met four initial criteria (membership, published material, judging, scholarly articles) but failed on awards and final merits. AAO held her achievements from 2019–2025 lack the sustained, high-impact recognition required for this elite classification.

A short-form content creator with large social media presence claimed extraordinary ability but satisfied only two evidentiary criteria (published material and critical role). On appeal, the AAO rejected the awards criterion due to insufficient documentation of selection criteria and merit-based recognition. With fewer than three criteria met, the AAO declined to reach final merits and dismissed.

A journalist and editor sought EB-1A extraordinary ability classification. The Service Center denied the petition for failing to meet three of ten criteria. The AAO dismissed successive appeals and a motion to reconsider. On the current motion to reopen, the petitioner cited administrative disruptions preventing document procurement but provided no new facts pertinent to the prior decision, so the motion was dismissed.

Marketing manager in digital commerce sought EB-1A extraordinary ability classification. AAO affirmed SCOPS denial, finding petitioner satisfied only two criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

Radio station and social media entrepreneur sought EB-1A extraordinary ability classification. Petitioner claimed eight criteria; service center found three met but concluded lack of sustained national or international acclaim and top-tier recognition. AAO affirmed dismissal, finding awards lacked significance and overall evidence insufficient for extraordinary ability standard.

Culinary writer and social media content developer self-petitioner met only published material criterion; failed to meet three criteria required for extraordinary ability. AAO dismissed because high salary claim lacked comparative data and commercial success claim did not fit performing arts sales standard; prior O-1 approval did not bind I-140 review.

Assistant professor of advertising seeking EB-1A extraordinary ability classification claimed four criteria; met three (judging, scholarly articles, leading role). AAO dismissed appeal, finding petitioner failed final merits step: evidence does not demonstrate sustained national or international acclaim required to place her among field's top tier.

Marketing entrepreneur seeks NIW for digital marketing business in New Jersey. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; business serves only individual clients without broader field impact or substantial economic effects warranting waiver.

A media entrepreneur working in digital marketing sought extraordinary ability classification on her own behalf. She claimed many evidentiary criteria, and the appeal addressed awards, published material, original contributions and possibly scholarly articles. The AAO dismissed the appeal because the evidence lacked award criteria, proof of major media status, and proof of contributions of major significance.

A marketing director met three evidentiary criteria but failed the final merits determination. The AAO affirmed SCOPS' reasoned consideration of evidence, including letters provided in response to notice of intent to deny. The petitioner made general unsupported assertions of error and provided no additional evidence that sustained national or international acclaim was established.

Content developer and influencer from Brazil sought extraordinary ability classification. Claimed six criteria. Decision found only one criterion met and withdrew SCOPS finding on exhibitions. Appeal dismissed because petitioner failed to satisfy three required criteria.

Digital marketing consultant and entrepreneur seeks EB-2 national interest waiver for AI-based SME platform. Applicant claimed substantial merit and national importance; AAO found proposed endeavor had merit but lacked demonstrated national importance because evidence did not show significant employment potential, substantial economic impact, or broader industry implications beyond applicant's business.

Journalist and media manager claimed extraordinary ability under EB-1A. Petitioner failed to establish three of ten regulatory criteria: no major award, membership evidence inadequate, and judging experience not equivalent to policy standard. Appeal dismissed, SCOPS denial affirmed.

A digital marketing business consultant and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The AAO disagreed with the service center that three criteria were met, finding none of the first five satisfied, and declined to reach the sixth, the final merits, or the Dhanasar framework.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

Marketing and communications strategist seeking EB-1A for extraordinary ability. Claimed published material, scholarly articles, and exhibitions criteria. AAO found all three criteria unmet: publications lacked proper documentation and publication venue verification; scholarly articles insufficient under professional publication requirement; panel participation did not constitute artistic display.

Journalist sought EB-1A extraordinary ability. Claimed four criteria; established only two: judging and leading critical role. Awards insufficient documentation; no evidence of national recognition. High salary claim lacked comparable industry data. Failed to meet three-criterion threshold for final merits analysis.

Sports journalist claimed three EB-1A criteria. AAO found broadcast journalism evidence comparable to artistic exhibitions criterion. Leading role claim failed because award lacked national or international recognition. Only two criteria met; three required, so appeal dismissed without final merits determination.

A marketing and communications specialist claimed EB-1A extraordinary ability. The AAO found the Director correctly characterized her field as business rather than journalism and affirmed she failed to meet three of six claimed evidentiary criteria, falling below the minimum threshold required for final merits analysis.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.