Published AAO appeal decisions

Microbiologist self-petitioner sought NIW under EB-2. AAO found first prong met and withdrew SCOPS adverse finding, but dismissed on second prong, holding PhD and citation numbers alone insufficient to show she is well-positioned to advance the proposed microbiological research endeavor.

Information technology service delivery manager sought EB-1A extraordinary ability. Appeal dismissed. Petitioner had invalid signature on Form I-290B. Substantively, although petitioner met two initial criteria, evidence demonstrated only local or organizational recognition, not the sustained national or international acclaim required for extraordinary ability.

Entrepreneur in mergers and acquisitions and financial services sought EB-1A classification. Claimed seven criteria. AAO found awards and leading role criteria were not met because supporting evidence lacked adequate recognition and organization stature alone does not establish award prestige. Salary criterion failed for lack of comparative data. Appeal dismissed.

Risk analyst and doctoral student in business administration claimed EB-1A classification with three criteria met: published material, judging, and scholarly articles. AAO found criteria satisfied but dismissed on final merits, concluding limited media coverage and recent peer review activity insufficient to demonstrate sustained acclaim at top of field.

A researcher in earthquake science and seismic monitoring sought a national interest waiver of the job offer requirement under the Dhanasar framework. The AAO accepted substantial merit but held the proposed endeavor lacked demonstrated national importance, since broader field benefits and federal priorities did not show his own work's impact. It dismissed the appeal.

Materials scientist with doctorate claimed four criteria and satisfied three: judging, scholarly articles, and leading role. AAO dismissed appeal, finding evidence insufficient to demonstrate sustained national or international acclaim or placement in the small percentage at the field's top.

Ecologist with PhD seeking EB-2 NIW for climate change research on carbon cycling and greenhouse gas emissions. Claimed endeavor has national importance through field relevance and expert letters. AAO held proposed specific endeavor lacks national importance; evidence addresses field importance rather than prospective impact of particular work.

Artificial intelligence graduate researcher failed to meet three-criterion threshold. AAO found competition awards not nationally recognized; ChatGPT-sourced supporting documents deemed unreliable. With only two criteria potentially met, final merits analysis reserved as unnecessary.

Multimedia host and creative producer sought EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO affirmed USCIS finding that petitioner met only two criteria (published material and critical role), failing three-criterion threshold. No evidence of sustained national or international acclaim at field's top level.

Financial specialist in investment banking in China sought extraordinary ability in financial technology and cross-border investment. AAO upheld dismissal because petitioner failed to demonstrate three of ten required criteria; awards lacked recognition and original contributions were not shown to be major or industry-adopted.

A competitive swimmer sought EB-1A extraordinary ability classification. The AAO held he failed to meet the evidentiary threshold, finding only two criteria satisfied and rejecting published material and leading role claims. Final merits also not demonstrated despite claimed accomplishments.

Graduate student in international law sought EB-2 NIW for online platform expanding African student pathways to U.S. education. AAO dismissed appeal, finding the specific endeavor lacks national importance; modest projected hiring and revenue insufficient for substantial economic impact.

Leadership and personal development consultant sought EB-1A extraordinary ability. AAO found published material criterion met but judging and leading role criteria failed; overall evidence lacked sustained acclaim or elite positioning. Decision noted willful misrepresentation of material facts. Appeal dismissed.

A postdoctoral researcher in geological sciences with Ph.D. sought NIW for AI-enabled subsurface prediction framework for carbon capture. AAO dismissed because the applicant failed to demonstrate the specific proposed endeavor has national importance; general field importance and employer benefits insufficient without showing broader prospective impact.

An investment banker claimed extraordinary ability in his field. He met four regulatory criteria but failed on high salary and overall final merits. The AAO upheld dismissal, finding he is on a trajectory to reach the top but is currently a mid-career associate without demonstrated seniority, major deal leadership, or industry-wide reputation required for extraordinary ability.

CEO and entrepreneur in healthcare facility maintenance and waste management seeks to establish cleaning services business in Florida. Claimed endeavor would strengthen healthcare institutions and create jobs. AAO dismissed appeal; AAO also withdrew USCIS determination that petitioner qualifies as advanced degree professional, and found endeavor lacks national importance.

A palliative and home care nurse sought EB-1A classification but submitted a fraudulent academic article published in a fake journal. The AAO found willful material misrepresentation, withdrew findings on one criterion, and concluded the petitioner failed to meet the three-criterion threshold for extraordinary ability.

Advanced degree professional in Islamic banking and finance seeking national interest waiver. Proposed ethical-finance toolkit for multistate adoption. USCIS and AAO found endeavor meritorious but lacked corroborating evidence of substantial economic effects, field-broad impact, or national importance required under Dhanasar framework.

Training and development specialist sought EB-2 NIW for workforce training endeavor. USCIS found substantial merit but denied, concluding proposed endeavor lacked national importance. AAO dismissed, finding petitioner failed to demonstrate specific endeavor would have broader implications or substantial prospective impact beyond personal business.

Healthcare payer business unit manager sought EB-1A extraordinary ability classification. AAO found petitioner established only one criterion—leading critical role—but failed awards, original contributions, and high salary criteria. Petition dismissed for failing to meet three-criterion threshold for extraordinary ability.

A CEO of a clean energy company claims extraordinary ability under EB-1A, meeting three of ten evidentiary criteria. The AAO affirmed denial because the totality of evidence failed to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field, despite satisfying initial criteria.

A software developer working in machine learning seeks EB-1A extraordinary ability classification. She claimed six criteria; USCIS found four met (judging, authorship, leadership role, high salary). The AAO affirmed dismissal because the totality of evidence does not demonstrate sustained national or international acclaim or placement in the very top of the field.

A franchise development businessman sought EB-1A extraordinary ability classification. He claimed ten criteria and demonstrated two: published material and judging. The AAO affirmed denial, finding he failed to meet at least three criteria, satisfied no major award, and lacked evidence of sustained national or international acclaim required for extraordinary ability.

Ph.D. student and research assistant in agriculture water management seeking EB-1A extraordinary ability. Met judging and scholarly articles criteria but not original contributions, falling short of three-criterion threshold. AAO found record does not establish acclaim required; appeal dismissed.