Published AAO appeal decisions

Human resources manager seeking EB-2 NIW to continue HR career with various employers. Petitioner claimed substantial merit and national importance of proposed endeavor. AAO held first Dhanasar prong unmet: HR management lacks national importance and does not impact field or economy broadly; second and third prongs not reached.

Research scientist claimed extraordinary ability under EB-1A. Director found three criteria met. AAO reversed on awards and published material, finding insufficient recognition, and concluded evidence did not establish sustained national or international acclaim or top-tier status. Appeal dismissed.

Principal platform engineer in computer science met judging and scholarly articles criteria but failed to establish original contributions of major significance. Did not demonstrate national or international acclaim at top of field. Appeal dismissed.

Actor self-petitioner claimed three criteria for extraordinary ability. AAO found only published material criterion clearly met, withdrew findings on awards and leading role criteria as insufficient, and concluded overall evidence inadequate to demonstrate sustained acclaim or top-tier status.

Art critic and scholar lecturer met only two evidentiary criteria, failing to reach the required three. Published material criterion withdrawn on appeal; original contributions lacked substantiation, and record demonstrated no sustained national or international acclaim.

Jeweler self-employed since 2006 seeking EB-1A extraordinary ability classification. AAO affirmed denial because only one of six claimed evidentiary criteria met. Testimonials insufficient; no evidence of sustained national or international acclaim or placement at very top of field.

Postdoctoral researcher in biomedical science seeking EB-1A extraordinary ability. Met judging and scholarly articles criteria but failed original contributions criterion. AAO dismissed appeal, finding insufficient evidence that research impact rises to major significance level required for extraordinary ability classification.

Business entrepreneur established Texas company, seeks EB-1A. Met scholarly articles criterion only. Claimed membership, published material, and five other criteria. AAO found membership criterion unmet; published material (Russia 24 interview) not established as major media. Only one criterion met; appeal dismissed.

A mechanical engineer claimed extraordinary ability through contributions to aeronautical research and design. The AAO found judging and original contribution criteria met but rejected the claim that contributions had major significance. The petitioner failed the three-criterion threshold and lacked sustained national or international acclaim.

Product manager and consultant claimed five EB-1A criteria. Director found only judging criterion met; AAO affirmed. Published material criterion failed due to PR involvement and non-major media outlets. Other claimed criteria not substantively analyzed. Final merits finding against petitioner: record showed successful career progression but not top-tier sustained acclaim required.

A musician and music producer seeks EB-1A classification claiming four criteria. The AAO sustained the appeal, finding the petitioner met published material, judging, and exhibitions criteria, satisfying the three-criterion threshold. The totality of evidence, including BBC recognition, New York Times coverage, international touring, and festival performances, demonstrates sustained acclaim and extraordinary ability.

A painter with training and international exhibition history claimed five criteria beyond the display criterion. The AAO dismissed the appeal because the petitioner failed to meet at least three total criteria and lacked evidence of sustained national acclaim or membership in top-level field circles.

Self-petitioner chief operating officer seeking EB-1A extraordinary ability classification. Met three evidentiary criteria: judging, scholarly articles, and leading critical role. AAO dismissed appeal, finding insufficient sustained national or international acclaim and recognition to demonstrate extraordinary ability at top-tier level.

Physiologist with published research on biological treatments claimed extraordinary ability based on judging, scholarly articles, and original contributions of major significance. AAO found he met judging and articles criteria but not original contributions. Aggregate review showed insufficient sustained acclaim for extraordinary ability classification.

Organic chemistry researcher sought national interest waiver for EB-2. AAO dismissed because although the proposed endeavor met the first prong for substantial merit and national importance, petitioner failed to establish being well positioned to advance it under the second prong.

Postdoctoral research associate sought EB-1A classification. Met judging and scholarly articles criteria. Claimed original contributions based on publications, presentations, and citations. AAO rejected original contributions criterion, finding publication venue and citation counts insufficient to show major significance. Appeal dismissed for failing to meet three criteria.

A surgeon sought extraordinary ability classification, and the service center denied the petition for lacking a one-time achievement or three evidentiary criteria. On appeal, the AAO found the petitioner had since adjusted to permanent resident status through an unrelated proceeding, so the matter was moot and the appeal was dismissed.

A pianist claimed three additional criteria for extraordinary ability. The AAO rejected the service center's findings on awards and published material, finding no national recognition. Original contributions proved unsubstantiated. With fewer than three qualifying criteria, petition failed. Appeal dismissed.

A boxer and kickboxer sought EB-1A extraordinary ability classification. The AAO found the petitioner met one criterion (awards) but failed to establish three required criteria overall. The petitioner lacked sustained national or international acclaim and had not demonstrated the career of acclaimed work required for extraordinary ability.

An orchestral violinist sought extraordinary ability classification after the service center found no one-time achievement and fewer than three criteria met. On appeal the petitioner never contested the denial and filed no promised brief or evidence, so the AAO summarily dismissed for failing to identify any error.

A singer from Venezuela seeks EB-1A extraordinary ability classification based on performances with various ensembles. She met only the judging criterion and one other award was found insufficient to establish national recognition. The AAO dismissed, finding she failed to meet the three-criterion threshold and lacks the sustained national or international acclaim required for the classification.

A pharmacology researcher at a Malaysian university claimed six criteria for extraordinary ability. The AAO found only judging and scholarly articles met requirements. Original contributions lacked evidence of field significance; memberships did not require outstanding achievement; and the record failed to show sustained national or international acclaim.

Entrepreneur seeks NIW for EB-2 to develop fitness training equipment company. Petitioner claimed endeavor had national importance by promoting economic development and exports. AAO held proposed work failed Dhanasar prong one: insufficient evidence showed national importance or substantial economic benefits beyond the company itself. Appeal dismissed.

Industrial lubricants entrepreneur and company founder satisfied three evidentiary criteria on initial review. However, AAO found on final merits that petitioner failed to demonstrate sustained national or international acclaim or placement among top field practitioners.

Fashion model petitioned for extraordinary ability. Claimed seven criteria without meeting three-criterion standard. Petitioner failed comparable evidence showing and did not establish criteria satisfaction. Appeal dismissed due to insufficient evidence of sustained national or international acclaim among upper echelon models.