Published AAO appeal decisions

A software developer working in machine learning seeks EB-1A extraordinary ability classification. She claimed six criteria; USCIS found four met (judging, authorship, leadership role, high salary). The AAO affirmed dismissal because the totality of evidence does not demonstrate sustained national or international acclaim or placement in the very top of the field.

A software company sponsored a computer programmer for EB-2 advanced degree classification, not a national interest waiver. After approval, the service center revoked the petition over intent to employ and experience. The AAO withdrew those findings, noted other possible revocation grounds, including ability to pay, and remanded for a new decision.

A lead application developer in enterprise software and analytics sought EB-1A classification, claiming seven criteria. The service center accepted judging, scholarly articles and salary, then denied on final merits. The AAO agreed, finding the record did not show sustained national or international acclaim or top-of-field standing, and dismissed the appeal.

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

A web hosting company sought to sponsor a senior software engineer under the EB-2 advanced degree category, not a national interest waiver. The service center denied the petition and dismissed a later motion. The AAO dismissed the appeal because the employer did not show continuing ability to pay the proffered wage from the priority date.

An employer, a golf course management firm, sponsored an IT project manager for an advanced degree professional classification supported by a labor certification. The service center revoked the approval, alleging a concealed family relationship. The AAO withdrew the revocation and remanded, because no notice of intent to revoke was issued and the decision did not state specific reasons.

A site reliability engineer sought EB-1A classification. Four criteria were deemed waived, and the AAO withdrew the service center's favorable findings on judging and leading role, then rejected membership and original contributions. With fewer than three criteria met, the appeal was dismissed and final merits reserved.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

Software engineer sought EB-1A extraordinary ability classification. Petitioner satisfied minimum alternative evidentiary criteria but AAO found insufficient evidence of sustained national or international acclaim or recognition placing him among the very top of his field.

A software engineer was the beneficiary of an EB-1A petition filed by an AI software company, which the service center denied for failing three of ten criteria. The AAO dismissed the appeal as moot because a separate immigrant petition was approved and the beneficiary became a permanent resident, so no criteria were decided.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

An enterprise software professional specializing in supply chain architecture sought EB-1A classification. The service center accepted that the initial evidentiary requirements were met. The AAO dismissed the appeal, holding the totality of the evidence did not show sustained national or international acclaim or top-of-field standing. The excerpt leaves the status of some individual criteria uncertain.

An employer petitioned for a software engineer under the advanced degree category, relying on a labor certification requiring a bachelor's degree plus five years of experience in an alternate occupation. The service center denied it for lacking an advanced degree requirement. The AAO withdrew that decision and remanded for further evidence on actual minimum requirements.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

An electrical products manufacturer sought EB-2 NIW for a software engineer developing manufacturing products. AAO affirmed denial, finding petitioner focused on company activities rather than demonstrating the beneficiary's specific endeavor has national importance, and record lacked sufficient detail on beneficiary's specific role.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

Computer software engineer proposing manufacturing software company claiming STEM field status and broader implications for intelligent manufacturing. AAO held proposed endeavor fails national importance: business plan lacks credible location and employment data, financial projections unsubstantiated, no demonstrated broader implications beyond general industry importance.

Software development manager seeks NIW for EB-2 classification. Petitioner claimed endeavor has national importance for digital key management solutions in storage and government sectors. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to employer and clients, not the broader storage industry or field.

Software developer sought NIW for EB-2 exceptional ability classification. Petitioner met only two of six required evidentiary criteria: official academic record and compensation. Appeal dismissed because petitioner failed to establish exceptional ability significantly above ordinarily encountered in field, failing antecedent requirement for NIW consideration.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

A software engineer claimed extraordinary ability under six criteria. The AAO found the petitioner met judging and leading critical role criteria but not high salary, published material, or original contributions. The final merits analysis concluded the evidence does not demonstrate sustained national or international acclaim or placement among the very top of the field.

Software engineer claimed five criteria for extraordinary ability. AAO found three criteria met: judging, original contributions (patent), and scholarly articles. However, final merits determination concluded petitioner lacks sustained national or international acclaim; patent represents employment duty, not independent achievement. Appeal dismissed.

A software quality assurance engineer met three initial evidentiary criteria for EB-1A extraordinary ability. However, the final merits determination found the record did not demonstrate sustained national or international acclaim or that petitioner was in the small percentage at the very top of the field, so appeal was dismissed.

Software developer sought NIW with advanced degree. Proposed autonomous vehicle safety research. AAO found petitioner not well positioned to advance proposed endeavor under Dhanasar second prong: master's degree and citations insufficient without prior funding, government interest, or validated model comparable to Dhanasar precedent. First and third prongs reserved.