Published AAO appeal decisions

A postdoctoral fellow in particle and energy transport sought EB-1A classification. The service center found three criteria met but the AAO affirmed that the totality of evidence did not show sustained acclaim or placement among the very top of the field, dismissing the appeal.

Materials engineer-economist self-petitioner claimed three EB-1A criteria: membership, original contributions, and leading role. AAO found none met: military position unrelated to field, program implementation insufficient for major significance, and supporting letters lack specificity on distinguished role or organization reputation. Appeal dismissed.

An economist sought EB-1A classification for extraordinary ability. The AAO found he met three evidentiary criteria: association membership, published material, and judging. However, on final merits determination, the record lacked evidence of published scholarly articles, government implementation of research, or sustained national or international acclaim required for extraordinary ability. Appeal dismissed.

Computational biology researcher sought EB-1A extraordinary ability classification. Claimed judging, scholarly articles, and original contributions criteria. AAO affirmed service center finding that petitioner met only judging and scholarly articles but failed original contributions of major significance criterion, falling short of three-criterion threshold, and thus ineligible.

Tattoo artist with over twenty years experience claimed major award and six alternate criteria. AAO found published material, judging, original contributions, and high salary satisfied, but sustained acclaim insufficient. Decision dismissed appeal for lack of evidence of small percentage at very top of field.

Financial advisor and entrepreneur seeking EB-2 with national interest waiver proposes to grow small and medium-sized enterprises and improve tax systems. AAO held she lacked advanced degree eligibility; also did not establish national importance of the specific endeavor, as projections were uncorroborated and methods lacked demonstrated innovation or broader field implications.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

Musician and band founder seeks EB-1A extraordinary ability classification. Petitioner met four regulatory criteria but AAO dismissed appeal, finding evidence insufficient to demonstrate sustained national or international acclaim or career reflecting small percentage at very top of field.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.

Financial manager with eight years finance and four years management experience in Kazakhstan sought extraordinary ability classification claiming seven criteria. AAO found only judging criterion met (from SCOPS). Rejected awards, membership, original contributions, scholarly articles, and exhibitions. Appeal dismissed due to insufficient criteria satisfaction.

A legal consultant sought EB-1A extraordinary ability classification. The AAO held that the petitioner did not meet any of the ten evidentiary criteria and failed the threshold initial evidence requirement, so a final merits determination was not reached.

Fitness trainer sought EB-1A extraordinary ability classification. Met two of ten regulatory criteria: published material and leading critical role. Claimed membership, original contributions, scholarly articles, and commercial success but AAO found none satisfied. Without three criteria met, final merits analysis not reached.

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.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

Content developer and influencer from Brazil sought extraordinary ability classification. Claimed six criteria. Decision found only one criterion met and withdrew SCOPS finding on exhibitions. Appeal dismissed because petitioner failed to satisfy three required criteria.

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.

Commercial pilot from Panama sought NIW for EB-2. AAO held petitioner failed to establish exceptional ability: only two criteria met (degree and license), not three required. Insufficient evidence of ten years experience, exceptional salary, professional association membership, or industry recognition. Underlying visa eligibility denied; NIW not analyzed.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.

An IT consultant sought EB-2 with national interest waiver to establish a consultancy serving the pharmaceutical industry. The AAO affirmed dismissal because his business plan, though showing substantial merit, lacked sufficient evidence that the methodology had been adopted in industry or would significantly benefit the national economy.

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

An attorney sought EB-2 NIW classification for fire safety compliance work. SCOPS initially approved but revoked, finding no national importance. AAO affirmed dismissal, holding that working in an important field alone is insufficient; petitioner must show proposed endeavor's prospective impact reaches national importance level.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.