Published AAO appeal decisions

Doctoral student research scientist in robotics sought extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal because original contributions criterion unsatisfied; limited citations and letters lacking specificity did not demonstrate work was regarded as major significance or that petitioner achieved sustained national or international acclaim.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

A computer executive employed as technical architect sought EB-1A extraordinary ability classification. The AAO found two criteria met but rejected membership and concluded evidence did not demonstrate sustained national or international acclaim. The petitioner was progressing toward the top rather than established at the very top of the field.

Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore not reached.

Self-employed IT professional seeking EB-2 with NIW based on incomplete bachelor's degree and entrepreneurial experience. Claimed advanced degree eligibility but provided no official academic records or transcript. Failed to document bachelor's degree completion or five years progressive post-baccalaureate experience. NIW analysis not reached because underlying EB-2 qualification not established.

IT systems manager seeks NIW for IT project management and systems analysis services. AAO remanded, finding Director did not adequately explain deficiencies in evidence supporting national importance and prematurely addressed second prong without properly establishing first prong foundation.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

An ICT consultant and professor sought NIW under EB-2. The AAO found the proposed endeavor lacked national importance, as the regulatory record did not show impact beyond individual clients and students; benefits did not rise to substantial positive economic effects. Appeal dismissed.

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

A senior product manager in cloud computing sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three minimum criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

A software developer and entrepreneur sought EB-2 classification as individual with exceptional ability or advanced degree, with national interest waiver. The AAO found the petitioner failed to establish exceptional ability and lacked an advanced degree equivalent; therefore ineligible for underlying classification and national interest waiver analysis was unnecessary.

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

Telecommunications hardware and software producer sought EB-1A extraordinary ability for beneficiary. Beneficiary met four regulatory criteria but failed final merits determination; limited commercialization and citations insufficient to demonstrate sustained international acclaim required for extraordinary ability.

An engineering services company petitioned for an engineer and data scientist beneficiary. Claimed four criteria: judging, original contributions, scholarly articles, and leading role. AAO affirmed only two criteria (judging and scholarly articles) met; original contributions lacked demonstrated major significance and leading role lacked institutional evidence. Appeal dismissed.

A cybersecurity firm sponsored a beneficiary software engineer. Director initially found three criteria met (judging, original contributions, scholarly articles) but final merits analysis found no sustained acclaim. Petitioner filed motion to reopen; Director dismissed motions. AAO affirmed dismissal on procedural grounds without reaching underlying petition merits.

A computer hardware and software engineer employed by a development company met three initial evidentiary criteria but failed the final merits determination. The AAO found that while scholarly articles showed field notice and letters demonstrated regard among colleagues, this did not establish sustained national or international acclaim or top percentage status required for extraordinary ability classification.

Entrepreneur seeks NIW and exceptional ability classification. AAO found he did not meet exceptional ability criteria and lacked evidence of national importance for proposed IT entrepreneurship work. Appeal dismissed because specific endeavor lacks substantial national importance.

A robotics company CEO with a Ph.D. in mechanical engineering claimed extraordinary ability, meeting three evidentiary criteria. The AAO found the evidence did not demonstrate sustained national or international acclaim or achievement at the very top of the field.

Computer science associate professor claimed three evidentiary criteria. AAO affirmed two were met but rejected original contributions claim. With only two criteria established, petitioner failed the initial evidentiary requirement and could not proceed to final merits analysis.

Computer engineer and researcher in Internet of Things sought EB-1A extraordinary ability. AAO dismissed because although petitioner satisfied initial evidence criteria, the record failed to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field.

Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.

Software developer seeks NIW for web system design and development. AAO held while software development has substantial merit, work lacks national importance because it benefits only employer and its users without broader impact on IT field or U.S. economy through job creation or economic effects.

Chief technology officer claims extraordinary ability based on patents and press coverage. AAO found articles focus on company work, not personal achievements, and patents lack demonstrated major significance in field. Appeal dismissed without reaching remaining criteria.