Published AAO appeal decisions

Health technology company petitions for beneficiary as EB-1A extraordinary ability individual. Beneficiary met six of eight claimed evidentiary criteria, but AAO affirmed denial, finding evidence does not demonstrate sustained national or international acclaim or placement among the very top of technology entrepreneurship field.

An employer petitioned for a technology entrepreneur seeking extraordinary ability (EB-1A). Claimed seven criteria initially; director found two met (judging, leading role). On appeal, petitioner claimed five others. AAO found awards and membership unmet and declined to analyze remaining criteria, reserving final merits because threshold initial evidence requirements not satisfied.

Entrepreneur who co-founded ventures in Georgia sought EB-1A extraordinary ability classification. AAO found petitioner met three initial criteria after identifying leading or critical role role not credited by SCOPS. Decision remanded for final merits determination regarding sustained national or international acclaim.

A CEO and co-founder sought EB-1A extraordinary ability classification. The AAO remanded the case because SCOPS relied on undisclosed research and failed to incorporate all evidence into the record or consider petitioner's comparable evidence requests under regulatory provisions.

An international travel company owner claimed EB-1A extraordinary ability in entrepreneurship and tourism. Although SCOPS found four criteria met, the AAO determined the membership criterion failed because fellowship does not require expert judgment of outstanding achievement. The AAO dismissed, finding petitioner merely very good, not among the small percentage at field's very top.

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.

Business professional in innovation ecosystem development claimed extraordinary ability through six criteria. AAO found only one criterion met (judging). Memberships lacked outstanding achievement requirement; published materials did not substantively address petitioner; original contributions insufficiently documented. Record did not establish sustained national acclaim.

Co-owner of bakery specializing in Brazilian sweets seeks EB-1A extraordinary ability classification. Applicant claimed six criteria including awards, membership, and judging. AAO found applicant met none of three required initial criteria because awards and judging experience were in culinary arts not business, and association membership did not demonstrate outstanding achievements in business field.

A Brazilian barbecue equipment manufacturer and CEO claimed seven EB-1A criteria. The AAO found he did not meet at least five of the claimed criteria, including membership and original contributions, and therefore failed to establish the required three criteria threshold.

Entrepreneur claimed nine EB-1A criteria but met only two, short of three required. AAO withdrew contradictory SCOPS findings on awards and membership, rejected published material claim, but found petitioner met the threshold. Matter remanded for final merits determination on whether evidence shows sustained acclaim and top-tier status.

A chief executive officer and entrepreneur seeks EB-1A classification claiming published material, awards, and membership criteria. The AAO withdrew the service center's favorable finding on published material, rejected awards and membership claims for insufficient evidence, and found the petitioner failed to meet the threshold of three qualifying criteria.

Technology company petitioning for cofounder and CEO claiming extraordinary ability in technology entrepreneurship. Required three of eight criteria; met only one. AAO held venture funding, Forbes membership, and website articles insufficient under O-1A requirements.

Technology entrepreneur in hospitality industry sought EB-1A extraordinary ability. Claimed nine evidentiary criteria but failed to meet minimum three. AAO dismissed, finding venture capital funding inadequately documented and membership criterion not properly established; other criteria not analyzed as threshold requirement not met.

A caviar business owner claiming extraordinary ability sought EB-1A classification based on sustainable aquaculture practices. The AAO dismissed the appeal, finding the petitioner failed to meet the major award threshold or three alternate criteria. Membership criterion was not met due to lack of documented personal membership; original contributions criterion failed as company success alone does not demonstrate field-wide significance.

An entrepreneur in the digital exhibition field sought EB-1A classification. The service center accepted that the initial evidentiary criteria were satisfied, including membership, press coverage, judging, articles and a leading role, but denied at the final merits step. The AAO dismissed the appeal because the evidence did not place her among the field's top percentage.

Social entrepreneur assisting artisans in Pakistan seeking EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria but met only one. AAO held petitioner did not satisfy minimum three criteria required; appeal dismissed without final merits determination.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

Marketplace entrepreneur from Russia in e-commerce sought EB-1A extraordinary ability classification. Petitioner met only two of ten evidentiary criteria, failing to establish sustained national or international acclaim or intent to continue work in area of expertise in United States.

A hospitality entrepreneur and bar professional sought extraordinary ability classification, claiming eight criteria. The Director accepted two, judging and leading role. The AAO agreed on those two but found the awards criterion unmet and deemed scholarly articles waived. It concluded that three criteria were not satisfied and that sustained acclaim was not shown.

Entrepreneur and business executive sought EB-1A extraordinary ability. Met only one of three required criteria (published material about him). AAO rejected awards, membership, judging, and leading role claims. No major recognized award. Appeal dismissed for failure to meet initial evidentiary threshold.

Business entrepreneur established Texas company, seeks EB-1A. Met scholarly articles criterion only. Claimed membership, published material, and five other criteria. AAO found membership criterion unmet; published material (Russia 24 interview) not established as major media. Only one criterion met; appeal dismissed.

An inventor and consultant in packaging and industrial machines claimed extraordinary ability through awards, memberships, media coverage, patents, and institutional roles. The AAO found awards and memberships met but rejected published material, original contributions lacking sustained national impact evidence, and leading role. Only two criteria satisfied; innovations lacked proven sustained national recognition despite company use. Appeal dismissed.