Published AAO appeal decisions

A fashion and costume designer sought extraordinary ability classification. The service center denied the petition for lacking a one-time achievement or three evidentiary criteria. On appeal the petitioner only resubmitted an earlier response letter without contesting the denial, so the appeal was summarily dismissed for failing to identify any error.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

An actor from Russia seeking EB-1A classification claimed five criteria. The AAO found he met none of the initial three required criteria, with no awards, published material, or judging participation adequately documented. Appeal dismissed.

A literary nonfiction and business writer sought EB-1A extraordinary ability classification. The petitioner claimed seven criteria. The AAO found the petitioner satisfied none of the three required criteria, reversing the director's findings on membership and published material as unsupported by evidence of recognition by experts or publication in major media, and dismissed the appeal.

Human rights lawyer and researcher sought EB-1A classification. Claimed eight criteria; director found three met. AAO sustained appeal, finding petitioner demonstrated sustained national acclaim through dedicated career attracting high-level attention and respect, with intent to continue work benefiting the United States.

Photographer sought EB-1A classification. Satisfied four evidentiary criteria but AAO dismissed appeal, finding record did not establish sustained national or international acclaim or placement among small percentage at very top of field despite prizes and judging work.

Traditional jewelry maker appeals EB-1A denial claiming five criteria. AAO found awards criterion not met (UNESCO Prize significance not established) and membership and published material criteria failed. Petitioner satisfied fewer than three criteria and lacked evidence of sustained national or international acclaim.

Biophysicist and CEO appeals EB-1A denial claiming five criteria met. AAO found venture capital funding does not qualify as award for excellence and that petitioner failed to meet three criteria minimum. Petition dismissed; record lacks evidence of sustained acclaim or position at top of field.

Senior copywriter appeals denial of EB-1A petition. Claimed major award and four evidentiary criteria. AAO found no major internationally recognized award and only two criteria met; three required. Dismissing appeal because petitioner failed to demonstrate sustained national or international acclaim at the top of field.

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.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

Karate athlete seeks EB-1A extraordinary ability classification based on national and international competition since age eleven. AAO held petitioner failed to meet threshold requirement of three evidentiary criteria. Membership claim lacked documentary support; published materials not in qualifying outlets; original contributions vague. Appeal dismissed without reaching final merits analysis.

Advertising senior account executive petitioned for extraordinary ability. Claimed five criteria; two were met (judging and leading role). Appeal dismissed because membership and high salary criteria were not satisfied. Only two criteria met; three required. Record lacked evidence of top-level sustained acclaim.

Assistant professor of chemistry sought extraordinary ability classification. Claimed five criteria; two met (judging, scholarly articles). AAO affirmed denial because petitioner failed to meet three-criterion threshold and lacked evidence of sustained national or international acclaim or elite standing in chemistry.

Chef sought EB-1A extraordinary ability classification claiming six criteria initially, then four on appeal. AAO affirmed director's finding that petitioner met only one criterion and failed to establish three required. On final merits, petitioner lacks sustained national or international acclaim and does not rise to very top of culinary field.

Gymnastics athlete and tumbling performer sought EB-1A extraordinary ability classification. Claimed major awards and at least three alternate criteria. AAO found only one criterion met, gold medals do not qualify as major awards, and overall evidence fails to demonstrate sustained acclaim or top-tier status required for the classification.

Business executive in education sought EB-1A extraordinary ability. Claimed four criteria but met none reliably. Published material lacked major media verification; salary evidence unsubstantiated. AAO found insufficient acclaim and recognition for classification.

A Colombian musician claimed four of ten EB-1A criteria. AAO found two met (leading role, exhibitions) but reversed the service center on commercial success. Remezcla article lacked major media status. Only two criteria satisfied; three required. Appeal dismissed.

Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.

A wedding and event planning company founder and CEO sought EB-1A claiming seven criteria. AAO found membership criterion unmet because association requirements reflect employment qualifications not outstanding achievements. Judging criterion failed as voting on applications does not constitute judging work in field.

Fashion model petitioner claimed three initial criteria and demonstrated sustained international acclaim. AAO found published material, exhibitions, and high salary criteria met. Evaluating overall evidence, AAO sustained appeal, finding petitioner demonstrated extraordinary ability through acclaimed career, prestigious brand modeling, and field recognition.

Financial analyst petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed work lacked national importance under Dhanasar's first prong; services benefited employer and clients only without sufficient evidence of broader economic effects or job creation.