Published AAO appeal decisions

Financial analyst petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed work lacked national importance under Dhanasar's first prong; services benefited employer and clients only without sufficient evidence of broader economic effects or job creation.

A financial manager sought an EB-2 national interest waiver to work for U.S. companies on restructuring and foreign investment attraction. The AAO dismissed because her proposed endeavor lacked national importance; it would only benefit her employer and clients, not the financial services industry or broader economy.

A real estate analyst and researcher met judging and scholarly articles criteria. AAO rejected original contributions of major significance, finding petitioner's influence confined to China rather than broader field impact. With only two criteria met, appeal dismissed for insufficient evidence of top-tier extraordinary ability.

An options market consultant and educator self-petitioner claimed extraordinary ability. The AAO found the petitioner met none of the analyzed regulatory criteria and did not demonstrate sustained national or international acclaim or placement at the top of the field. Appeal dismissed.

A wine expert and enologist self-petitioner sought extraordinary ability classification. The director revoked approval, finding the petitioner did not meet any regulatory criteria and willfully misrepresented material facts regarding awards, article authorship, and salary. The AAO sustained dismissal and affirmed willful misrepresentation finding.

Real estate professional claimed extraordinary ability based on innovative underwriting methodology and other criteria. AAO affirmed that judging criterion was met but rejected the original contributions claim because the beneficiary's involvement was insufficiently significant and showed no major field impact. Appeal dismissed.

An employer petitioned for an EB-1A visa for a Chief Financial and Risk Officer in international corporate finance and strategic business development. The AAO dismissed the appeal, finding the beneficiary's achievements, though notable, did not demonstrate sustained national or international acclaim required for extraordinary ability.

Accounting auditor petitioned for EB-1A extraordinary ability classification. Petitioner claimed at least two criteria. AAO affirmed director's finding that single employer award lacked national or international recognition and failed to meet plural requirement; final merits analysis showed petitioner did not achieve sustained acclaim or top-tier status in field.

A commodities trader claimed extraordinary ability under EB-1A. The AAO found the petitioner failed to meet three required evidentiary criteria and, even if one issue were resolved on appeal, the overall evidence does not demonstrate sustained acclaim at the very top of the field.

The beneficiary is a business executive in the investment field, for whom a petitioner sought extraordinary ability classification in business or education. The lesser-awards criterion, based on company rankings in trade articles, was analyzed and rejected. The AAO dismissed the appeal because sustained national or international acclaim was not shown.

A self-petitioner in financial investment sought EB-1A extraordinary ability classification. The petitioner claimed multiple criteria but provided insufficient evidence. The AAO dismissed the appeal, finding the petitioner failed to demonstrate sustained national or international acclaim at the very top of the field, and evidence was dated nearly a decade before filing.

Economist and educator claiming extraordinary ability under EB-1A. Petitioner submitted evidence of award, organization membership, judging invitations, original contributions, and scholarly articles. AAO found award lacked recognition, membership non-exclusive, judging insufficient, contributions not of major significance, and articles improperly translated. Appeal dismissed.

A nonprofit research foundation sponsored a policy analyst as extraordinarily able in economics. The AAO rejected student scholarships, professional memberships, media appearances as published material, and judging roles as insufficient. Aggregate evidence did not demonstrate sustained national or international acclaim or top-level achievement.

A law office sought to employ an accountant as an H-1B specialty occupation worker, not O-1A. The director denied the petition. The AAO dismissed the appeal because the position resembled a bookkeeping or accounting clerk role that does not require a bachelor's degree in a specific specialty, and no specialty occupation criterion was satisfied.

An accountant position offered by a merchandise wholesaler was filed as an H-1B specialty occupation petition, not an extraordinary ability petition. The employer argued the job requires a bachelor's degree in accounting. The appeal was dismissed because the duties were described generally and none of the four specialty occupation criteria was shown.

A newly formed company sought to employ a chief financial officer for a planned retail food store, classified as a specialty occupation worker under the H-1B category. The AAO dismissed the appeal because the duties and the start-up's circumstances did not show the position required a specific bachelor's degree. This is not an O-1A matter.

Counsel-represented economist formerly employed by Canadian Department of Finance claims extraordinary ability through awards, publications, critical role, and salary. AAO found witness letters insufficient primary evidence, publications not in major media, role subordinate, and salary unexceptional. Overall evidence failed to demonstrate top-tier status.

Senior quantitative analyst in economics claiming extraordinary ability through scholarly articles and professional role. AAO held one criterion met but overall failed to establish sustained national or international acclaim. Evidence shows talent but not top-tier distinction required; peer review routine and salary comparison lacking.

A finance researcher claimed extraordinary ability based on academic awards, teaching honors, research grants, and professional memberships. The AAO found academic honors ineligible as student-only awards, internal teaching award not nationally recognized, grants not excellence prizes, and membership lacking evidence of outstanding-achievement requirements. Petition dismissed.

A financial researcher and assistant professor sought extraordinary ability classification. She presented academic honors, teaching awards, internal grants, and professional association memberships. AAO found academic awards student-limited, internal grants lack national acclaim, and association memberships lack evidence of merit-based admission requirements.

A financial investment advisor self-petitioner claimed extraordinary ability in business. The AAO found only one criterion met and dismissed the appeal, concluding the petitioner failed to establish sustained national or international acclaim at the very top level of the field.

Senior quantitative analyst for financial institution claimed extraordinary ability in business. Met original contributions criterion through cutting-edge forecasting work but failed membership, judging, critical role, and high salary criteria. AAO dismissed appeal; only one criterion met when three required.

Investment researcher in business field claimed extraordinary ability through three criteria. AAO found membership, judging, and original contributions claims unsubstantiated. Decision held petitioner failed to demonstrate sustained acclaim necessary for EB-1A classification.

Investment researcher in business field claimed extraordinary ability through three criteria. AAO found membership, judging, and original contributions claims unsubstantiated. Decision held petitioner failed to demonstrate sustained acclaim necessary for EB-1A classification.