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.

Artificial intelligence graduate researcher failed to meet three-criterion threshold. AAO found competition awards not nationally recognized; ChatGPT-sourced supporting documents deemed unreliable. With only two criteria potentially met, final merits analysis reserved as unnecessary.

Data scientist seeks NIW for developing fraud prevention systems at employer. AAO found proposed endeavor has substantial merit but lacks national importance; employer benefits insufficient to show broader implications for field or economy.

Enterprise account engineer sought national interest waiver under EB-2, proposing consulting services to SMEs for cloud migration and cybersecurity modernization. AAO found endeavor lacked sufficient evidence of prospective national importance, focusing on her individual consulting work rather than field-wide or broader economic impact.

Computer engineer with 2023 PhD in electrical engineering claimed three criteria. Two were accepted at service center level. AAO affirmed original contributions not met because citations and support letters reflect only incremental research progress, not widespread field recognition of major significance. Appeal dismissed.

Ph.D. candidate in computer science developing AI models for e-commerce claimed four criteria. AAO affirmed judging and scholarly articles but rejected published material and original contributions. Limited field adoption and insufficient impact preclude extraordinary ability finding.

Ph.D. computer scientist in machine learning and healthcare sought EB-2 NIW. Claimed research has national importance based on industry relevance and policy alignment. AAO dismissed finding petitioner conflated field importance with specific endeavor impact and failed to show particular proposed research would result in national-level consequences.

Beneficiary is a software engineer at a technology company proposing to work on enterprise connectivity and digital platforms. The AAO found substantial merit but rejected the petition because the beneficiary failed to demonstrate that her specific proposed endeavor has national importance; work benefiting a single employer, even with national footprint, is insufficient.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.

A computer scientist with a Ph.D. in computer science seeks EB-2 with NIW. The AAO dismissed the appeal, finding she misunderstood national importance requirements and failed to show her proposed endeavor would impact the field broadly. Routine or incremental contributions without broader implications do not satisfy the Dhanasar standard.

Cybersecurity professional with master's degree sought EB-2 NIW for developing post-quantum cryptography toolkits for small and medium institutions. AAO found endeavor lacked demonstrated national importance: proposed work and supporting evidence did not establish prospective impact, funding plan, timeline, or scale of utilization commensurate with national benefit.

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 manufacturing engineer with an advanced degree sought an NIW for semiconductor work. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance of the specific proposed endeavor beyond his employer's contributions.

A systems engineer sought an NIW but failed to demonstrate national importance for his endeavor. The AAO found his business plans and impact claims too general and localized; assertions about secondary ripple effects and industry alignment did not satisfy Dhanasar's requirement for substantial positive economic effects or broad field advancement.

A specialist in digital transformation and cybersecurity seeks EB-2 advanced degree classification and NIW. Service center found substantial merit and that petitioner was well-positioned to advance the endeavor but rejected it for lack of national importance. AAO affirmed dismissal, finding the specific proposed endeavor lacked demonstrated national importance despite field importance.

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.

Petitioner is a cybersecurity professional proposing to advance Internet of Things security in critical infrastructure. The AAO dismissed the appeal finding substantial merit but lacking national importance; petitioner's skills and client-focused work do not demonstrate broader implications rising to national importance level required.

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.

An information security analyst holding a master's in cybersecurity operations sought EB-2 national interest waiver for a cybersecurity consulting firm. The AAO found the applicant demonstrated substantial merit but lacked evidence of the specific endeavor's national importance. General industry importance and alignment with federal priorities were insufficient.

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 COO with master's degree sought EB-2 NIW for a business providing global internet connectivity and cloud services. The AAO dismissed the appeal, finding the proposed endeavor's field is important but the specific endeavor lacks demonstrated national importance, broader implications, or substantial projected economic effects required under Dhanasar.

Data protection and technology specialist with advanced degrees sought national interest waiver for developing digital-identity systems. AAO affirmed denial, holding past experience and industry publications about importance of field do not establish prospective impact of specific proposed endeavor.

A senior software engineer in artificial intelligence and cloud computing claimed extraordinary ability and met three evidentiary criteria at service center level. On appeal, the AAO reviewed totality of evidence including technical innovations, scholarly works, and professional leadership. The AAO found insufficient demonstration of sustained national or international acclaim or elite status and dismissed.

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.