Published AAO appeal decisions

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

A senior product manager in cloud computing sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three minimum criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

Telecommunications hardware and software producer sought EB-1A extraordinary ability for beneficiary. Beneficiary met four regulatory criteria but failed final merits determination; limited commercialization and citations insufficient to demonstrate sustained international acclaim required for extraordinary ability.

A computer hardware and software engineer employed by a development company met three initial evidentiary criteria but failed the final merits determination. The AAO found that while scholarly articles showed field notice and letters demonstrated regard among colleagues, this did not establish sustained national or international acclaim or top percentage status required for extraordinary ability classification.

AI researcher employed by data and news company met initial three criteria: judging, scholarly articles, high salary. Final merits analysis found no sustained national or international acclaim. Citation counts and letter writers' conclusions not supported by corroborating documentary evidence of field-wide impact. Appeal dismissed.

Systems analyst specializing in ERP and business intelligence sought EB-1A through attorney petitioner. Claimed four criteria; AAO found two met but insufficient for extraordinary ability. Record lacks evidence of sustained national or international acclaim required for top-tier classification.

Software engineer employed by online marketplace seeks EB-1A. Met judging and high salary criteria but only two of three required. AAO found insufficient evidence of sustained national or international acclaim or position among the very top of the field of software engineering.

Software engineer at memory storage company claimed extraordinary ability based on awards, judging, publications, and salary. AAO found judging and publications met but awards insufficient, original contributions unproven despite citations, and salary merely above median. Dismissed because only two criteria met and final merits lacking.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

A computer scientist appealed a denial after submitting additional evidence of high salary on appeal. The AAO found three criteria met: judging, scholarly articles, and high salary. Final merits determination confirmed extraordinary ability through demonstrated expertise at top of field.

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

Computer science assistant professor sought extraordinary ability classification. AAO found petitioner met only the judging criterion through peer review; insufficient to satisfy three-criterion requirement. Evidence showed talent but not sustained national or international acclaim.