Published AAO appeal decisions

A policy researcher and advisor claimed seven evidentiary criteria for EB-1A extraordinary ability classification. SCOPS denied without adequately explaining why submitted evidence failed to meet each criterion. The AAO remanded because the decision lacked specific reasoned analysis of the extensive documentation provided, denying the petitioner fair opportunity to contest the denial.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

Software engineer claimed five criteria for extraordinary ability. AAO found three criteria met: judging, original contributions (patent), and scholarly articles. However, final merits determination concluded petitioner lacks sustained national or international acclaim; patent represents employment duty, not independent achievement. Appeal dismissed.

An operations/technical specialist sought EB-1A extraordinary ability classification. SCOPS contradicted itself, first stating three criteria were met then denying them without analysis. AAO remanded, finding the decision lacked sufficient explanation and analysis required for meaningful appellate review.

A teacher self-petitioned for extraordinary ability classification (EB-1A). She claimed seven criteria including membership, judging, original contributions, authorship, leading role, and high salary. The AAO found none met: membership did not require outstanding achievements, original contributions lacked significance, article was not in major publication, and role was not critical at a distinguished organization.

A parachuting athlete claimed extraordinary ability based on professional recognition over 15 years. The AAO confirmed he met three evidentiary criteria but dismissed the appeal because the evidence did not demonstrate sustained national or international acclaim consistent with the top percentage of his field.

Advanced data scientist seeking EB-1A classification claimed four criteria; three were met. AAO found three criteria satisfied the initial requirement but held that totality of evidence did not establish sustained national or international acclaim, top-tier status, or career of acclaimed work required for extraordinary ability.

Animal science postdoctoral researcher claimed six criteria for extraordinary ability. Service center found only scholarly articles criterion met. AAO affirmed that petitioner satisfied only one criterion, not the required three, and dismissed appeal. Work lacks sustained national or international acclaim at top of field.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

Chinese architect sought EB-1A extraordinary ability classification. Claimed four criteria but established none. AAO affirmed denial, finding record does not demonstrate sustained national or international acclaim or recognition required for classification.

A director of product compliance at a school bus manufacturer sought extraordinary ability classification. The service center found only a high salary criterion met, and he claimed five more on appeal. The AAO found memberships, published material, contributions and scholarly articles unmet, leaving fewer than three criteria, and dismissed the appeal.

Performing artist petitioner claimed five evidentiary criteria for extraordinary ability. Service center found two criteria met but provided conclusory analysis on three others without adequate discussion of specific evidence. AAO remanded for proper reevaluation of all claimed criteria and, if three are satisfied, a final merits determination.

A tattoo artist self-petitioned for EB-1A extraordinary ability. The AAO found two of three required initial criteria met: lesser awards and artistic exhibitions. However, the final merits analysis concluded the totality of evidence did not demonstrate sustained national or international acclaim required for extraordinary ability status.

Brazilian lawyer with bar membership and limited publications sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding no major award and failure to meet at least three regulatory criteria; record lacked evidence of sustained national or international acclaim required for extraordinary ability.

Financial advisor self-petitioner appealed EB-1A denial. AAO found petitioner satisfied none of ten initial evidentiary criteria, rejecting claims of awards, memberships, publications, and judging experience. Appeal dismissed as petitioner failed to meet the threshold evidence requirement needed for final merits determination.

An accounting and tax consultant sought EB-1A classification in business. After the petition was denied and several motions were handled, the appeal concerned dismissal of a sixth motion to reopen and reconsider. The AAO dismissed the appeal because the motion offered no new facts or evidence and identified no legal error.

Chief Technology Officer seeking EB-1A extraordinary ability in science, technology, and education claimed seven criteria. AAO dismissed appeal, finding petitioner failed to meet three required criteria: awards not related to proposed endeavor, published material insufficient, and original contributions not of major significance.

Global health specialist seeks extraordinary ability classification to establish aging healthcare services company. Claimed nine criteria; service center found two met. AAO affirms only two criteria satisfied, below three-criterion threshold. Appeal dismissed without reaching final merits.

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

Venezuelan actress, model, and entertainer seeks EB-1A classification. Only one of ten initial criteria met; remaining four claimed criteria rejected. Appeal dismissed because petitioner failed to satisfy threshold requirement of three evidentiary criteria.

A postdoctoral bioelectronics researcher specializing in protein nanowires sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three claimed criteria and failed to demonstrate original contributions of major significance, falling short of the three-criterion threshold.

A physics research professor sought EB-1A extraordinary ability classification. She established one criterion (scholarly articles) but failed to satisfy two others as judged. The AAO dismissed the appeal because she met fewer than three criteria, the threshold for final merits analysis.

A general manager in fund management seeking to establish a firm claimed four criteria; two were met. The AAO affirmed dismissal because the petitioner satisfied only two of the required three initial evidentiary criteria, failing to meet the threshold for extraordinary ability classification.

Molecular biologist in computational biology claimed three criteria. AAO found petitioner met judging and scholarly articles criteria but not original contributions of major significance, as letters lacked evidence of realized or implemented contributions, and citations alone without field context do not establish major significance. With only two criteria met, appeal was dismissed.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.