Published AAO appeal decisions

Advanced data scientist seeking EB-1A classification claimed four criteria; three were met. AAO found three criteria satisfied the initial requirement but held that totality of evidence did not establish sustained national or international acclaim, top-tier status, or career of acclaimed work required for extraordinary ability.

Animal science postdoctoral researcher claimed six criteria for extraordinary ability. Service center found only scholarly articles criterion met. AAO affirmed that petitioner satisfied only one criterion, not the required three, and dismissed appeal. Work lacks sustained national or international acclaim at top of field.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

Chinese architect sought EB-1A extraordinary ability classification. Claimed four criteria but established none. AAO affirmed denial, finding record does not demonstrate sustained national or international acclaim or recognition required for classification.

A director of product compliance at a school bus manufacturer sought extraordinary ability classification. The service center found only a high salary criterion met, and he claimed five more on appeal. The AAO found memberships, published material, contributions and scholarly articles unmet, leaving fewer than three criteria, and dismissed the appeal.

A tattoo artist self-petitioned for EB-1A extraordinary ability. The AAO found two of three required initial criteria met: lesser awards and artistic exhibitions. However, the final merits analysis concluded the totality of evidence did not demonstrate sustained national or international acclaim required for extraordinary ability status.

Brazilian lawyer with bar membership and limited publications sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding no major award and failure to meet at least three regulatory criteria; record lacked evidence of sustained national or international acclaim required for extraordinary ability.

Financial advisor self-petitioner appealed EB-1A denial. AAO found petitioner satisfied none of ten initial evidentiary criteria, rejecting claims of awards, memberships, publications, and judging experience. Appeal dismissed as petitioner failed to meet the threshold evidence requirement needed for final merits determination.

Financial analyst seeking EB-2 with NIW for financial advisory services initiative. AAO found petitioner lacks advanced degree meeting regulatory standard and proposed endeavor lacks national importance under Dhanasar. Insufficient evidence demonstrated prospective impact on field, employment, or economic benefits at national level.

An accounting and tax consultant sought EB-1A classification in business. After the petition was denied and several motions were handled, the appeal concerned dismissal of a sixth motion to reopen and reconsider. The AAO dismissed the appeal because the motion offered no new facts or evidence and identified no legal error.

Chief Technology Officer seeking EB-1A extraordinary ability in science, technology, and education claimed seven criteria. AAO dismissed appeal, finding petitioner failed to meet three required criteria: awards not related to proposed endeavor, published material insufficient, and original contributions not of major significance.

Global health specialist seeks extraordinary ability classification to establish aging healthcare services company. Claimed nine criteria; service center found two met. AAO affirms only two criteria satisfied, below three-criterion threshold. Appeal dismissed without reaching final merits.

Venezuelan actress, model, and entertainer seeks EB-1A classification. Only one of ten initial criteria met; remaining four claimed criteria rejected. Appeal dismissed because petitioner failed to satisfy threshold requirement of three evidentiary criteria.

A postdoctoral bioelectronics researcher specializing in protein nanowires sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three claimed criteria and failed to demonstrate original contributions of major significance, falling short of the three-criterion threshold.

A physics research professor sought EB-1A extraordinary ability classification. She established one criterion (scholarly articles) but failed to satisfy two others as judged. The AAO dismissed the appeal because she met fewer than three criteria, the threshold for final merits analysis.

A general manager in fund management seeking to establish a firm claimed four criteria; two were met. The AAO affirmed dismissal because the petitioner satisfied only two of the required three initial evidentiary criteria, failing to meet the threshold for extraordinary ability classification.

Molecular biologist in computational biology claimed three criteria. AAO found petitioner met judging and scholarly articles criteria but not original contributions of major significance, as letters lacked evidence of realized or implemented contributions, and citations alone without field context do not establish major significance. With only two criteria met, appeal was dismissed.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

Director of English for Academic Purposes Program claims extraordinary ability through judging and scholarly articles, and leading role at university. AAO affirmed that judging and articles met criteria but rejected leading role claim because the university's distinguished reputation was insufficiently demonstrated. Threshold of three criteria not satisfied; appeal dismissed.

A media entrepreneur working in digital marketing sought extraordinary ability classification on her own behalf. She claimed many evidentiary criteria, and the appeal addressed awards, published material, original contributions and possibly scholarly articles. The AAO dismissed the appeal because the evidence lacked award criteria, proof of major media status, and proof of contributions of major significance.

A beamline scientist at a Department of Energy facility claimed extraordinary ability under seven criteria. The AAO found three initial criteria met but concluded the totality of evidence did not establish sustained national or international acclaim or placement among the small percentage at the very top of the field, therefore dismissing the appeal.

A financial manager sought extraordinary ability classification, claiming three criteria: membership, original contributions, and a leading or critical role. The AAO dismissed the appeal because the membership criterion was not satisfied, so the three-criteria threshold could not be met. The other claimed criteria and the final merits were not decided.

An information security analyst in IT and cybersecurity sought EB-1A classification. She claimed four criteria across proceedings. The AAO found membership and salary criteria unmet and reserved analysis of two others. Aggregate review showed no sustained national or international acclaim or evidence of top-tier recognition in the field.

Computer scientist petitions for EB-1A extraordinary ability classification. Established two of ten initial criteria: published material and judging. AAO held original contributions lack demonstrated major significance and salary evidence lacks adequate comparative context. Failed to meet threshold of three criteria.

Researcher in life sciences seeking EB-1A extraordinary ability classification. Petitioner did not meet one-time achievement standard or three of ten evidentiary criteria. AAO found insufficient evidence of awards, major media publication, major contributions, or leading critical role; aggregate review failed to establish sustained national or international acclaim.