Published AAO appeal decisions

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.

Medical director and research scientist petitioner sought EB-1A extraordinary ability classification. She met three evidentiary criteria through judging, scholarly articles, and high salary, but the AAO held she failed to establish sustained national or international acclaim or position among the small percentage at the very top of her field.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

An investment officer in the financial industry sought extraordinary ability classification, claiming awards, published material, leading roles, high pay and original contributions. The AAO withdrew the awards finding because only company awards were shown, left three criteria met, then dismissed the appeal for lack of sustained acclaim or top-of-field standing.

The petitioner is a chief executive and co-founder of a food technology company who sought extraordinary ability classification, claiming eight criteria. The service center accepted two, and he contested six on appeal. The AAO dismissed because he did not satisfy three criteria, and it did not reach the final merits.

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.

Pharmacist seeking extraordinary ability classification in business based on plan to launch online pharmaceutical safety company. AAO found three criteria met but concluded totality of record lacks sustained national or international acclaim or evidence of top-tier status required for EB-1A.

An investment portfolio manager claimed four EB-1A criteria. SCOPS denied without adequately analyzing submitted evidence or explaining rejections. The AAO found SCOPS failed to address the plain language of the criteria with specificity and remanded for proper re-evaluation and meaningful opportunity for response.

An enterprise software professional specializing in supply chain architecture sought EB-1A classification. The service center accepted that the initial evidentiary requirements were met. The AAO dismissed the appeal, holding the totality of the evidence did not show sustained national or international acclaim or top-of-field standing. The excerpt leaves the status of some individual criteria uncertain.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Managing director in financial services risk management seeks EB-1A classification. Six of seven claimed initial criteria met but appeal dismissed in final merits analysis. Record shows noteworthy accomplishments but insufficient evidence of sustained national or international acclaim at very top of field.

Petroleum reservoir and production engineer with expertise in hydraulic fracturing and pressure transient analysis claims extraordinary ability. Met five initial evidentiary criteria, exceeding three-criterion threshold. However, AAO found insufficient evidence of sustained national or international acclaim or elite accomplishment level required for extraordinary ability classification.

An occupational health and safety specialist appealed denial of EB-1A classification. The petitioner met criteria for judging and scholarly articles but failed to establish other claimed criteria. The AAO affirmed that the totality of evidence did not demonstrate sustained national or international acclaim or placement among the small percentage at the top of the field, dismissing the appeal.

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.

Business professional in financial technology seeks EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met only one required criterion (leading critical role) out of three needed; original contributions lacked major significance and salary was not substantially higher than comparable positions.

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.

Culinary writer and social media content developer self-petitioner met only published material criterion; failed to meet three criteria required for extraordinary ability. AAO dismissed because high salary claim lacked comparative data and commercial success claim did not fit performing arts sales standard; prior O-1 approval did not bind I-140 review.

A corporate executive sought EB-1A classification claiming seven criteria but abandoned most on appeal. The AAO dismissed, finding only one criterion met and insufficient evidence of high salary or additional achievements, concluding the executive failed to demonstrate the sustained acclaim required for extraordinary ability.

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

Tattoo artist filed motion to reconsider AAO dismissal of EB-1A appeal. AAO had found five criteria met but denied final merits. Motion contests one-time achievement and lesser awards determinations. AAO affirms second place award is not major or internationally recognized and petitioner has not shown sufficient national or international recognition of his awards.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.

Chief architect of digital transformations met three initial evidentiary criteria and demonstrated acclaim and recognition in his field. However, AAO found he was very good but not among the small percentage at the very top, dismissing the appeal.

A debt recovery and fraud prevention specialist claimed five EB-1A criteria but satisfied only one on appeal. The AAO affirmed denials of membership and published material criteria and withdrew the high-salary finding. With insufficient criteria met, final merits analysis was not reached.