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.

A cloud engineer sought extraordinary ability classification through five criteria. The AAO affirmed that she met only two criteria (judging and scholarly articles), did not meet the threshold of three required criteria, and lacked demonstrated sustained acclaim for the elite classification.

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.

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.

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.

Chief technology officer at healthcare AI company. Claimed five additional criteria beyond two met by service center. AAO found venture capital funding not a recognized prize or award, membership claim unsubstantiated, and published materials not substantially about beneficiary. Beneficiary failed three-criterion threshold; appeal dismissed.

Research scientist in natural language processing holds Ph.D. and works as research associate. Claimed extraordinary ability under EB-1A. Met three regulatory criteria including judging and scholarly articles. AAO upheld denial because totality of evidence did not demonstrate sustained acclaim or position among small percentage at top of field.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.

Cybersecurity and Internet of Things researcher met initial three-criterion threshold but failed final merits determination. AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work at field's top.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

Chief Technology Officer seeking EB-1A extraordinary ability in science, technology, and education claimed seven criteria. AAO dismissed appeal, finding petitioner failed to meet three required criteria: awards not related to proposed endeavor, published material insufficient, and original contributions not of major significance.

CEO and software engineer claims extraordinary ability in sciences under EB-1A. AAO affirmed denial, finding petitioner met zero of seven evidentiary criteria claimed, lacking nationally recognized awards, relevant professional memberships, major contributions to field, scholarly publications, or high salary evidence.

Search engine optimizer sought EB-1A extraordinary ability classification. Petitioner claimed five criteria, with service center finding only two met. On appeal, petitioner pursued scholarly articles claim based on published book, which AAO rejected as not constituting scholarly articles. Unable to meet three-criterion minimum, appeal dismissed without final merits analysis.

Machine learning engineer appealed SCOPS denial of EB-1A petition. AAO found petitioner demonstrated original contributions of major significance through highly cited research, meeting the initial evidence threshold. Matter remanded for final merits determination of sustained acclaim.

AI researcher with Ph.D. in electrical engineering seeking EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. AAO dismissed appeal, finding original contributions criterion not met due to insufficient evidence of major significance; bulk of work predates 2014 and citations concentrated before 2019, insufficient for sustained national acclaim.

An information security engineer sought extraordinary ability classification. The service center accepted judging and scholarly articles, and the appeal disputed three more: awards, original contributions and high salary. The AAO dismissed it, finding those criteria unmet and no sustained acclaim or top-of-field standing shown in the overall record.

Software developer and entrepreneur claiming extraordinary ability under EB-1A. Met three initial criteria: judging, scholarly articles, and leading role. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim or that petitioner ranks among small percentage at field's top.

Research scientist with PhD in materials science seeking EB-1A classification claimed to meet three of ten regulatory criteria. AAO found she met judging and scholarly articles criteria but failed to demonstrate original contributions of major significance. Appeal dismissed because petitioner has not shown sustained national or international acclaim required for extraordinary ability.

A bioinformatics doctoral candidate and researcher sought EB-1A classification. Evidence met three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO dismissed the appeal because the final merits analysis showed insufficient sustained national or international acclaim and that applicant was not among the small percentage at the very top of his field.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Telematics systems engineer and CEO of tracking technology company. Self-petitioner seeking EB-1A extraordinary ability classification. Met three of seven claimed criteria but failed final merits determination; lacked sustained national or international acclaim required for top-tier classification.

Information technology project manager in human-computer interactive digital technologies sought EB-1A. AAO held petitioner met three initial criteria but failed final merits determination because evidence lacked comparative data showing sustained acclaim and top-tier field standing.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.