Published AAO appeal decisions

Data security and compliance professional with exceptional ability sought NIW for consultancy serving small and medium enterprises and educational institutions. AAO dismissed appeal because petitioner failed to establish national importance; evidence lacked sufficient detail showing the specific company's endeavor would achieve substantial positive economic effects at national scale.

An art history professor and researcher claimed extraordinary ability through peer review, publications, and scholarly contributions. The AAO found she met three initial criteria but concluded she lacked sustained national or international acclaim and did not rank among the very top in her field, ultimately denying the petition.

An accounting and tax consultant filed a second motion to reopen and reconsider her denied EB-1A petition. The AAO dismissed the motion to reopen for failing to state new facts with documentary evidence and dismissed the motion to reconsider because the petitioner met only one of the required alternative criteria and was not entitled to a final merits determination.

An international program director and public policy analyst sought EB-1A classification, claiming nine evidentiary criteria. The service center accepted one; the AAO accepted a second, scholarly articles, but rejected the rest it analyzed and found no sustained acclaim or top-of-field standing, so the appeal was dismissed.

Professional in employee training and development sought EB-2 national interest waiver. Failed NIW Dhanasar first prong; proposed nationwide capacity-building endeavor lacks demonstrated national importance and lacks specific scalable model or significant U.S. employment potential.

Psychologist and psychology school founder in Kazakhstan claims extraordinary ability. Met published material criterion and meets judging criterion on appeal review. Failed to demonstrate original contributions of major significance or sufficient evidence on other criteria. AAO dismissed appeal because petitioner did not satisfy three initial evidentiary criteria threshold.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

A pediatric cardiologist seeks EB-1A extraordinary ability classification. SCOPS found only two criteria met; AAO reversed on published material, establishing three criteria. The threshold satisfied, AAO remands for final merits determination evaluating sustained national or international acclaim and whether petitioner ranks among the very top in the field.

An extraordinary ability petitioner, whose occupation is not described, had a denied petition and a summarily dismissed appeal. He filed combined motions to reopen and reconsider, claiming a timely mailed appeal brief. The AAO dismissed both motions because the proof did not show timely submission and no error was shown. The ORDER line is ambiguous.

A CEO and co-founder of an agricultural technology software company sought EB-1A extraordinary ability classification. Claimed three criteria on appeal: published material, original contributions of major significance, and leading role. The AAO found published materials focused on the company rather than the petitioner, and supporting letters for contributions lacked substantive evidence of major significance. Threshold requirements unmet; appeal dismissed.

Self-petitioning floral designer with fifteen years of experience sought EB-1A extraordinary ability classification. The AAO found she met three evidentiary criteria (awards, judging, exhibitions), satisfying the initial threshold. The decision withdrew SCOPS' denial and remanded for final merits determination on whether evidence establishes sustained acclaim placing her among the top percentage in floral design.

Data scientist with doctorate in data science and master's in statistics sought NIW for computing and data analysis research endeavor. AAO sustained appeal, finding endeavor has national importance, petitioner well positioned to advance it given STEM doctorate and demonstrated progress, and waiver benefits United States.

A Brazilian lawyer and prosecutor self-petitioned for EB-1A extraordinary ability. The AAO found petitioner met four criteria (judging, scholarly articles, leading roles, though not high salary). However, in the final merits determination, the AAO held the petitioner failed to demonstrate sustained national or international acclaim or elite status in the field.

An English as second language teacher sought extraordinary ability classification. The AAO held she met fewer than three evidentiary criteria; her teaching materials and peer respect were insufficient to show sustained national or international acclaim or recognition among the very top of her field. Appeal dismissed.

Business professional in risk management sought EB-1A extraordinary ability. Petitioner met three evidentiary criteria but AAO's final merits analysis found evidence of expertise and some recognition insufficient to demonstrate sustained national acclaim or small-percentage top-of-field achievement.

An event planner and entrepreneur sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The service center denied for failing the EB-2 threshold. The AAO dismissed the appeal because the petitioner did not specifically challenge the exceptional ability findings, so the Dhanasar prongs were never evaluated.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

A chemist and postdoctoral researcher sought EB-2 national interest waiver for research on high-performance materials for energy conversion. The AAO found the proposed endeavor met the first Dhanasar prong but the petitioner was not well positioned to advance it due to lack of demonstrated success and institutional support. The appeal was dismissed.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

A neuroscience postdoctoral researcher and staff research associate claimed extraordinary ability based on seven criteria. The AAO confirmed two criteria: judging and scholarly articles. However, the original contributions criterion failed due to insufficient citations and no evidence of widespread field impact, and the critical role criterion was not properly addressed. Only two criteria met; appeal dismissed.

A journalist from Kazakhstan with roles as poet, writer, and performer sought EB-1A classification. The AAO dismissed, finding she did not establish three of ten criteria: no major award, membership organizations lack required standards, and blog posts do not constitute scholarly articles. Threshold not met; final merits not reached.

Retired professional padel player ranked number one for 13 years sought extraordinary ability classification as coach. AAO determined only two of seven claimed criteria were met. Initial evidence threshold of three criteria not satisfied; final merits determination reserved. Appeal dismissed.

A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.