Published AAO appeal decisions

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.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.

Information technology and AI professional claimed extraordinary ability. USCIS found three criteria met: judging, scholarly articles, and leading roles. Final merits determination concluded petitioner lacked sustained national or international acclaim required for top-tier field status. Appeal dismissed; unpublished district court ruling not binding.

Software development company petitioning for CEO beneficiary for EB-1A extraordinary ability. USCIS approved three criteria; AAO withdrew original contributions finding, leaving only two criteria met. Final merits determination failed to show top-tier standing, dismissing appeal.

Technology startup founder seeking EB-1A classification claimed eight evidentiary criteria; SCOPS found six met and AAO confirmed leading role criterion. However, AAO rejected the petition because sustained national or international acclaim was not demonstrated, with nearly all achievements from 2024-2025 and recognition limited to startup ecosystems, failing final merits review.

Software test automation engineer met all seven claimed initial criteria. However, AAO affirmed denial at final merits stage, finding evidence concentrated in 2024-2025 lacks sustained national or international acclaim. Work influence confined within company; does not demonstrate top-tier field standing.

Data scientist in financial technology and artificial intelligence employed as vice president sought EB-1A classification. Met three criteria initially established by service center, but AAO withdrew the awards finding and found the totality of evidence insufficient to demonstrate extraordinary ability and placement among the top percentage of the field.

Computer systems analyst claims extraordinary ability in sciences. Met at least three initial evidentiary criteria including leading role, membership, and salary. AAO found evidence lacks sustained acclaim over long period and achievements not recognized in field through extensive documentation. Appeal dismissed.

An AI investment bank petitioned for its founder, a technology entrepreneur, claiming extraordinary ability under EB-1A. The beneficiary claimed seven criteria. The AAO found venture capital funding is not an award for excellence and Forbes Technology Council membership does not require outstanding achievement judged by experts, dismissing the appeal.

An AI consulting firm sought EB-1A classification for a chief technology officer. The AAO found the beneficiary met the judging criterion on appeal, satisfying three total criteria. The matter was remanded for a final merits determination on whether the beneficiary demonstrates sustained acclaim and placement at the very top of the field.

Software engineering manager in cloud computing and AI-driven platforms sought EB-1A extraordinary ability. The AAO dismissed the appeal because although the petitioner met three initial criteria, the totality of evidence did not establish sustained national or international acclaim or that he ranks among the very top of his field.

A company petitioned for EB-1A classification for its co-founder and head of product in technology. The service center found two criteria met: leading role and high salary. The AAO affirmed denial because the petitioner failed to establish three required criteria; awards, membership, published material, and scholarship claims all fell short of regulatory standards.

A digital health communications influencer and public health educator sought EB-1A classification. The service center found two criteria met; the AAO on appeal reconsidered and found insufficient evidence for the high salary criterion, leaving petitioner below the three-criterion threshold.

Founder and CEO of an AI platform company sought EB-1A classification. Petitioner claimed seven evidentiary criteria and sustained acclaim. AAO affirmed SCOPS finding that only judging criterion was met. Venture capital funding, fellowship participation, and other claims failed because they lacked necessary recognition or expert evaluation. Appeal dismissed.

A founder and CEO of an AI auditing platform startup seeks EB-1A extraordinary ability classification. Petitioner claimed six criteria; SCOPS found two met. AAO withdrew and remanded, finding the leading/critical role criterion additionally satisfied, but remanded for final merits determination on whether the evidence shows sustained national or international acclaim and place among the very top.

Technology entrepreneur and CEO claims extraordinary ability in AI systems and industrial devices. Petitioner satisfied two criteria (scholarly articles, critical role) but failed to meet three required criteria. Awards claim unsupported; venture capital not a recognized prize. Membership requirements lack outstanding achievement standard. Appeal dismissed.

An IT specialist in cloud computing and cybersecurity sought EB-1A extraordinary ability classification. He claimed seven criteria; the Service Center found four met. On appeal, the AAO rejected awards and memberships as unmet and concluded the petitioner failed to satisfy the three-criterion threshold, so final merits was not addressed. Appeal dismissed.

Information security associate vice president claimed seven criteria and satisfied three: judging, leading role, and high salary. AAO held initial evidence requirements met but final merits analysis showed insufficient evidence of sustained acclaim or placement among small percentage at top of field.

Digital marketing and computer vision entrepreneur self-petitioned for EB-1A extraordinary ability. Claimed five evidentiary criteria but met only one regarding published articles. AAO withdrew SCOPS salary finding and affirmed that petitioner failed three-criterion threshold for immigrant visa eligibility.

A cybersecurity expert claimed six EB-1A criteria. SCOPS found two met; AAO confirmed two and identified a third criterion met, satisfying initial evidence requirements. The AAO remanded for final merits analysis of whether the petitioner demonstrates sustained national or international acclaim.

A life sciences and digital solutions executive met three initial EB-1A criteria but failed the final merits determination. The AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work to demonstrate extraordinary ability in the field.

Cloud engineer specializing in supply chain management and computing seeks EB-1A extraordinary ability classification. AAO withdrew SCOPS findings on published material and salary criteria as unsupported, remanded for reconsideration of awards, judging, and original contributions criteria, and full final merits analysis of totality of evidence.

Cybersecurity engineer employed as head of detection engineering sought EB-1A classification. Met initial three criteria: judging, scholarly articles, leading role, and high salary. However, final merits analysis found insufficient sustained national or international acclaim to demonstrate extraordinary ability at top percentage level.

Chief technology officer sought EB-1A extraordinary ability classification. Met only two of ten evidentiary criteria after multiple appeals. AAO dismissed motion to reopen and reconsider, finding petitioner failed to establish three required criteria and did not identify legal errors in prior decisions.