Published AAO appeal decisions

A bioinformatics doctoral candidate and researcher sought EB-1A classification. Evidence met three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO dismissed the appeal because the final merits analysis showed insufficient sustained national or international acclaim and that applicant was not among the small percentage at the very top of his field.

Brazilian Jiu-Jitsu competitor claiming extraordinary ability. AAO dismissed appeal on procedural grounds: petitioner received RFE identifying evidentiary deficiencies but failed to respond with requested evidence or arguments, thereby waiving or abandoning claims. Even on merits, record lacks evidence of sustained national or international acclaim at top of field.

A supermodel self-petitioned for EB-1A extraordinary ability. Demonstrated only one criterion: judging others' work. Failed to establish the three criteria required. AAO affirmed denial based on unmet evidentiary threshold.

Professional ballroom dancer and choreographer sought EB-1A extraordinary ability classification. Claimed eight criteria and met two: lesser awards and judging. AAO found published material criterion unmet because YouTube videos lack status as professional or major media, and association membership lacked documentary evidence of achievement requirements. With only two criteria met, petition failed three-criterion threshold.

A business development manager sought EB-2 classification as an advanced degree professional or exceptional ability individual, plus a national interest waiver. After a combined motion to reopen and reconsider was dismissed, the appeal was dismissed too, because the motion offered no new facts or legal error. The waiver issue was reserved and not decided.

Advanced materials engineering researcher seeking NIW for postdoctoral research in wastewater metal recovery and water remediation. Petitioner established field has substantial merit but failed to demonstrate national importance of specific proposed endeavor. Decision held mere employment in important STEM field insufficient without evidence of broader prospective impact.

Engineering project manager and entrepreneur seeking NIW for EB-2 advanced degree classification. AAO affirmed dismissal, finding the business plan's staffing and revenue projections inadequately explained and generic industry articles insufficient to demonstrate the specific endeavor's national importance.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

A businessman claiming extraordinary ability was denied by service center. AAO summarily dismissed the appeal for procedural defects. Subsequent motions to reopen and reconsider were denied because petitioner submitted no new documentary facts or legal errors, only duplicative arguments and prior decisions.

Legal consultant with degree sought EB-2 national interest waiver. AAO found petitioner lacked required five years progressive work experience after degree and failed to establish national importance of proposed endeavor under Dhanasar first prong, making second and third prongs unnecessary.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

An engineer seeking EB-1A classification for a startup thermal energy and heat pump systems business claimed two criteria. The AAO found neither the degree nor professional memberships satisfied the requirements and concluded the record does not establish sustained national or international acclaim required for extraordinary ability.

A model and pageant/fashion choreographer claimed four EB-1A criteria on appeal. The AAO dismissed the appeal, finding she met only the judging criterion and failed two others, thus falling below the three-criterion threshold required for extraordinary ability classification.

A CEO proposes to expand his condominium management software from Brazil to the United States. Under Dhanasar, the AAO held the endeavor lacks national importance, finding insufficient evidence of broad industry impact or substantial economic benefits beyond his clientele.

Shoe designer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held petitioner lacked sustained national or international acclaim and failed to contextualize accomplishments relative to other top designers.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

Master hairstylist and general manager in hairstyling seeking EB-1A extraordinary ability. Established three of ten criteria through publications, artistic display, and critical role. AAO dismissed appeal finding press coverage and showcase participation insufficient to establish sustained national or international acclaim or top-tier status.