Published AAO appeal decisions

Post-doctoral researcher in computer-aided drug discovery sought EB-2 with national interest waiver. AAO found proposed research had substantial merit and national importance but dismissed appeal, holding petitioner not well-positioned to advance business endeavor; insufficient evidence of company interest or investor support.

Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.

A biomedical software developer and senior computer scientist claimed extraordinary ability under EB-1A. The AAO affirmed the director's finding that he met judging and scholarly articles criteria but rejected original contributions and leading role claims. The decision dismissed the appeal because fewer than three criteria were satisfied.

Computer engineering researcher claims extraordinary ability. Met only one criterion: scholarly articles. AAO found original contributions lacked evidence of major significance; rejected other criteria. Did not establish sustained acclaim or position at top of field.

An automation and optimization supervisor sought EB-2 classification with NIW under Dhanasar. The AAO found he qualified as advanced degree professional but rejected the NIW, determining his proposed SAP project work lacks national importance beyond his employer and that waiving the job offer requirement would not benefit the United States.

CFD scientist petitioner claimed extraordinary ability in sciences, meeting scholarly articles and leading role criteria. AAO dismissed appeal because petitioner satisfied only two of ten required regulatory criteria and failed to demonstrate major significance contributions or outstanding membership, falling short of three-criterion threshold.

Computer scientist petitioner claimed extraordinary ability, meeting judging and scholarly articles criteria. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish original contributions of major significance or leading role, not reaching three-criterion threshold for final merits consideration.

A software architect consultant sought EB-1A classification with a master's degree in computer science. The AAO found he failed original contributions, scholarly articles, and salary criteria. He provided no comparable evidence under regulations. The appeal was dismissed for insufficient initial evidence.

Computer and systems engineer claimed extraordinary ability. Met two of ten criteria: leading or critical role and high salary. Did not meet three criteria threshold required for initial evidence. Appeal dismissed because petitioner failed to satisfy evidentiary requirements.

Self-petitioner computational research scientist sought EB-1A classification in sciences. AAO found awards, judging, and original contributions criteria not met. Published material and membership claims abandoned or not analyzed. Petitioner failed three-criterion threshold; appeal dismissed.

A professional in secure wireless communication claimed extraordinary ability as self-petitioner. AAO affirmed director's finding that petitioner failed to meet at least three of ten regulatory criteria. Evidence does not demonstrate sustained national or international acclaim or position within small percentage at very top of field. Appeal dismissed.

A software engineer sought EB-1A classification. The AAO found only one criterion met. Patents did not demonstrate impact, salary comparison was improper, and the aggregate evidence did not establish sustained acclaim or top tier status despite some individual accomplishments.

A medical imaging and simulation technical advisor sought EB-1A extraordinary ability classification. The AAO found his professional association membership did not meet the criterion because admission required advanced degree and experience rather than outstanding achievement judged by recognized experts, and he failed to satisfy the minimum three criteria needed.

Self-represented computer scientist with Master's degree in Computer Science sought EB-1A in computer networking and network security. Failed awards criterion and membership criterion based on UPE affiliation. Final merits analysis found achievements do not establish sustained acclaim at highest level.

Global positioning technology company petitioned to classify radio frequency module design engineer beneficiary as extraordinary ability immigrant. Claimed multiple criteria. AAO held beneficiary did not meet regulatory criteria and lacked sustained national or international acclaim for extraordinary ability classification.

Information technology consultant claims extraordinary ability. Petitioner asserted meeting judging, original contributions, and published material criteria. AAO found none satisfied: seminar speaking is not judging, Oracle guide contributions lack originality and recognition beyond clients, and user guides are not major media. Overall evidence insufficient for top-level sustained acclaim.

Computer scientist seeking EB-1A extraordinary ability classification. Claimed achievement through three awards from the early 1990s and high salary. AAO found awards limited by age eligibility, temporally distant, and withdrawn salary claim insufficient. Overall evidence fails to demonstrate sustained acclaim at the very top of the field.

Scientist in optical engineering sought extraordinary ability classification. Failed to establish nationally recognized awards or original contributions of major significance. Did not meet three required criteria or demonstrate sustained acclaim at the very top level of the field.

Technology professional petitioner claimed extraordinary ability as computer scientist based on employer awards and IEEE membership. AAO held employer awards reflect internal recognition only, not nationally recognized prizes; IEEE membership requires education, not outstanding achievement. Evidence insufficient for top-level sustained acclaim.

System analyst and director of applied clinical informatics sponsored by employer. Counsel claimed beneficiary earned prestigious prizes and awards; AAO found bonuses and incentives do not qualify as nationally or internationally recognized awards. Evidence shows talent but insufficient to demonstrate sustained national or international acclaim at top level.

A corporation filed for H-1B extension of a systems analyst beneficiary. The AAO upheld dismissal because the petitioner failed to establish the beneficiary would actually perform specialty occupation duties or that the petitioner was the beneficiary's agent; this was H-1B, not O-1A.

IT educator and consultant seeking EB-1A extraordinary ability. Petitioner submitted certificates, CompTIA membership, articles, recommendation letters, and commercial success evidence. AAO found none met regulatory criteria; evidence demonstrated commendable local contributions but no sustained national or international acclaim at top of field.

Senior software engineer claiming extraordinary ability in sciences based on technical contributions and NATO workshop participation. AAO held no major award and no three criteria satisfied. Evidence shows talent but not sustained national or international acclaim or position in top small percentage required for EB-1A.

A self-petitioner assistant research professor in electrical or computer engineering claimed extraordinary ability. The AAO found minimal evidence of peer review meeting one criterion but concluded the overall record did not demonstrate the petitioner distinguished himself to qualify as extraordinary ability.

IT educator and consultant who established a training school and non-profit organization in New York claimed extraordinary ability through awards, membership, publications, and critical role. The AAO found none of the ten criteria met because evidence was either absent, routine to the occupation, or lacked independent documentation of national or international recognition.