Published AAO appeal decisions

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.

A postdoctoral researcher in machine learning and energy systems claimed EB-1A extraordinary ability. The AAO held he met only two criteria (judging and scholarly articles) but failed on original contributions and leading role, thus not meeting the three-criterion threshold.

A computer science engineer in management positions sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three required evidentiary criteria, and declined to reach the final merits determination.

Systems development manager in Brazil sought EB-1A extraordinary ability. Claimed four criteria; AAO found only judging criterion met, fewer than three required. Appeal dismissed; petitioner failed to demonstrate sustained national or international acclaim or top-tier field status.

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 Appeal dismissed; unpublished district court ruling not binding.

A cybersecurity specialist sought EB-1A extraordinary ability classification. The petitioner met three alternate criteria but failed to establish sustained national or international acclaim or placement among the very top in the field. The AAO dismissed the appeal, finding peer review activities isolated, published articles lacked prestige, and compensation lacked proper contextualization.

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.

Supply chain and materials management professional met three initial EB-1A criteria through published material, judging, and critical role. However, AAO affirmed dismissal because evidence did not demonstrate sustained national or international acclaim or that petitioner rose to the small percentage at the very top of his field.

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.

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.

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.

A digital transformation architect satisfied three initial criteria but failed the final merits test. AAO found his Salesforce certification, recent judging, publications, and employment did not demonstrate sustained acclaim or placement among the very top of the field required for extraordinary ability.

Software development engineer in test claimed extraordinary ability under EB-1A, citing five criteria. AAO found he met judging and high salary criteria but abandoned other claims on appeal. Two criteria insufficient; record did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

Technology company petitioned for CTO classified as extraordinary ability in technology entrepreneurship. SCOPS found two criteria met; AAO found judging criterion also satisfied. Decision remanded for final merits determination on sustained acclaim and top percentile status after establishing three evidentiary criteria.

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.

AI solutions architect claimed seven extraordinary ability criteria. AAO found petitioner met three required criteria: judging, scholarly articles, and leading role. The case was remanded to SCOPS for final merits determination on whether the totality of evidence establishes extraordinary ability.

A cybersecurity engineer claiming extraordinary ability in EB-1A satisfied four of seven claimed criteria. The AAO dismissed the appeal, finding that while regulatory criteria were met, the totality of evidence failed to demonstrate sustained national or international acclaim and placement among the very top in the field.

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.