Published AAO appeal decisions

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.

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

Tattoo artist with black-and-gray specialization sought EB-1A extraordinary ability classification. Met four initial criteria including published material, judging, exhibitions, and remuneration. AAO found totality of evidence insufficient for sustained national or international acclaim required for small percentage at top of field. Appeal dismissed.

An entrepreneur sought EB-1A classification based on five claimed criteria. The AAO affirmed SCOPS findings that he met judging and leading role criteria but rejected published material due to missing author attribution, original contributions as lacking major significance, and high salary due to insufficient documentation. Appeal dismissed.

Business consultant in Brazil claimed six evidentiary criteria but met none of the three required. AAO found award not for excellence in field, SCORE membership insufficient, and company lacked distinguished reputation, declining final merits review.

A businessperson in Colombia seeks EB-1A extraordinary ability classification. AAO found petitioner failed to satisfy any of three claimed evidentiary criteria and could not meet the required minimum threshold of three criteria, so dismissed appeal.

Audio engineer in Turkish film and television post-production with over ten years experience. Met four of eight claimed initial criteria. Final merits analysis found work within company recognized but lacked evidence of national or international attention or positioning among field's small elite percentage.

A business management specialist sought EB-1A classification for extraordinary ability. The AAO confirmed she met published material and judging criteria but rejected her high salary claim due to inadequate comparative wage data. With only two criteria met, she failed the three-criterion threshold and appeal was dismissed.

Business development executive and entrepreneur in technology-driven fitness and wellness ventures claims extraordinary ability. Petitioner claimed five criteria; Service Center found two met. AAO found three criteria met on de novo review, satisfying initial evidence requirement. Decision remanded for final merits determination on sustained acclaim and top-tier status.

A research scientist in machine learning and generative AI claimed six criteria. The service center accepted four of them, then denied the petition at the final merits stage. The AAO dismissed the appeal because the fellowship award and limited media coverage did not show sustained acclaim or top-of-field standing.

Project manager and entrepreneur in aviation technology sought EB-1A extraordinary ability classification. AAO found petitioner failed to establish three of ten regulatory criteria, withdrawing service center's finding on judging and rejecting original contributions and leading role claims.

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.

A financial consultant sought extraordinary ability classification. The service center found two criteria met, and on appeal she claimed three more. The AAO withdrew the published material finding and found only one criterion met, so the three-criterion threshold failed and the final merits were not reached.

A materials scientist with expertise in polymer science and sustainable materials met three initial criteria but failed to demonstrate sustained national or international acclaim or top-tier status. The AAO dismissed the appeal, finding the totality of evidence insufficient for extraordinary ability.

Business and financial management company sponsored beneficiary in artificial intelligence and computer vision. AAO withdrew SCOPS' findings on all four criteria due to insufficient evidence and analysis, concluding record does not meet minimum three-criterion threshold for extraordinary ability.

A management analyst appealed his EB-1A denial. He met only one criterion: judging. The AAO found he did not establish membership in qualifying associations, high comparative salary, or a leading role in distinguished organizations. Because he failed to meet the required three criteria at the initial evidence stage, the petition was dismissed without reaching the final merits analysis.

Research and development manager in personal care industry sought EB-1A. Met leading or critical role criterion but failed membership, original contributions, and scholarly articles criteria. AAO declined final merits analysis due to insufficient threshold evidence.

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.

An automotive manufacturer petitioned for EB-1A classification for a motorsports aerodynamics engineer. The petitioner claimed published material, original contributions, and high salary. The AAO found the publication not sufficiently authoritative, citations not demonstrable as significant, and wage comparisons not appropriately benchmarked, 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.

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.