Published AAO appeal decisions

Entrepreneur who co-founded ventures in Georgia sought EB-1A extraordinary ability classification. AAO found petitioner met three initial criteria after identifying leading or critical role role not credited by SCOPS. Decision remanded for final merits determination regarding sustained national or international acclaim.

A lawyer and mediator from abroad sought extraordinary ability classification. The service center denied the petition because her occupation allegedly fell outside the statutory fields and it never analyzed the regulatory criteria. The AAO found her intended work to be in business, withdrew the denial, and remanded for a full criterion-by-criterion decision.

A composer claimed extraordinary ability in film and television composition. AAO remanded, finding three criteria met (published material, judging, scholarly articles) and requiring final merits determination. SCOPS erred by excluding educational work from initial criteria analysis when sufficiently related to composition work.

Assistant professor and neurodegenerative disease researcher with fifteen years experience claiming extraordinary ability. Service center determination lacked reasoned explanation and contained factual inaccuracies regarding her qualifications and publication record. AAO remanded for service center to conduct full, properly reasoned review of all claimed criteria.

A CEO and co-founder sought EB-1A extraordinary ability classification. The AAO remanded the case because SCOPS relied on undisclosed research and failed to incorporate all evidence into the record or consider petitioner's comparable evidence requests under regulatory provisions.

Professional underwater rugby player sought EB-1A extraordinary ability classification. Claimed seven criteria; AAO found three met (awards, membership, published material), meeting the regulatory minimum. Decision remanded for final merits determination on sustained acclaim.

Cardiologist sought EB-1A extraordinary ability classification. Petitioner claimed five criteria; service center found two met. AAO added high salary criterion, reaching three total, then remanded for final merits analysis of whether petitioner demonstrates sustained acclaim and top-of-field status.

An individual seeking extraordinary ability classification had the petition denied, then filed a motion that the service center rejected as untimely. The AAO held the motion was timely under COVID-19 filing flexibilities, since it was filed within 90 days plus mailing time, and remanded for a decision on the motion's merits. The criteria were not analyzed.

Physicist sought EB-1A classification. Service center found two criteria met but rejected original contributions claim. AAO remanded because service center misapplied national interest waiver analytical framework to extraordinary ability petition and failed to adequately explain why supporting letters and evidence were insufficient for original contributions criterion.

A cybersecurity expert claimed six EB-1A criteria. SCOPS found two met; AAO confirmed two and identified a third criterion met, satisfying initial evidence requirements. The AAO remanded for final merits analysis of whether the petitioner demonstrates sustained national or international acclaim.

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 investment portfolio manager claimed four EB-1A criteria. SCOPS denied without adequately analyzing submitted evidence or explaining rejections. The AAO found SCOPS failed to address the plain language of the criteria with specificity and remanded for proper re-evaluation and meaningful opportunity for response.

Cloud engineer specializing in supply chain management and computing seeks EB-1A extraordinary ability classification. AAO withdrew SCOPS findings on published material and salary criteria as unsupported, remanded for reconsideration of awards, judging, and original contributions criteria, and full final merits analysis of totality of evidence.

A policy researcher and advisor claimed seven evidentiary criteria for EB-1A extraordinary ability classification. SCOPS denied without adequately explaining why submitted evidence failed to meet each criterion. The AAO remanded because the decision lacked specific reasoned analysis of the extensive documentation provided, denying the petitioner fair opportunity to contest the denial.

An operations/technical specialist sought EB-1A extraordinary ability classification. SCOPS contradicted itself, first stating three criteria were met then denying them without analysis. AAO remanded, finding the decision lacked sufficient explanation and analysis required for meaningful appellate review.

Performing artist petitioner claimed five evidentiary criteria for extraordinary ability. Service center found two criteria met but provided conclusory analysis on three others without adequate discussion of specific evidence. AAO remanded for proper reevaluation of all claimed criteria and, if three are satisfied, a final merits determination.

A photojournalist claims extraordinary ability in EB-1A. The AAO found SCOPS' decision contained factual errors and insufficient analysis, requiring remand. The decision lacked detailed consideration of evidence and failed to address all claimed criteria, warranting re-evaluation by SCOPS.

Conceptual artist met three EB-1A criteria (at least one established as published material); SCOPS had rejected membership and scholarships. AAO found published material criterion satisfied, meeting minimum threshold. Matter remanded for final merits determination to evaluate sustained national or international acclaim.

A professional soccer player sought extraordinary ability classification, claiming five criteria. The AAO found awards and published material met, rejected original contributions and high salary, and sustained leading role. With three criteria satisfied, the case was remanded for a final merits analysis of sustained national or international acclaim.

Entrepreneur claimed nine EB-1A criteria but met only two, short of three required. AAO withdrew contradictory SCOPS findings on awards and membership, rejected published material claim, but found petitioner met the threshold. Matter remanded for final merits determination on whether evidence shows sustained acclaim and top-tier status.

A quantum chemist self-petitioned for EB-1A extraordinary ability. The AAO remanded the case, finding he met three initial criteria including original contributions, and instructed the service center to conduct final merits determination on totality of evidence.

Healthcare company petitioned for registered nurse as EB-3 skilled worker. AAO remanded because the record lacked regulatorily required audited financial statements evidencing ability to pay the proffered wage in the petition priority year 2024, and to clarify which entity would employ the beneficiary.

Machine learning engineer appealed SCOPS denial of EB-1A petition. AAO found petitioner demonstrated original contributions of major significance through highly cited research, meeting the initial evidence threshold. Matter remanded for final merits determination of sustained acclaim.

Spanish voiceover actor for dubbing and localization sought EB-1A extraordinary ability classification. AAO remanded because service center failed to address three claimed criteria despite petitioner providing evidence in initial petition and response to RFE, denying fair opportunity to contest on appeal.