Published AAO appeal decisions

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

A dance coach self-petitioner claimed five EB-1A criteria. SCOPS denied the petition for failing to meet three criteria. The AAO remanded because SCOPS failed to analyze all claimed criteria and did not provide reasoned explanation, denying the petitioner meaningful appellate review.

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.

Biophysics researcher appealed USCIS EB-1A denial. USCIS found fewer than three criteria met. AAO held researcher met three initial criteria; USCIS underweighted original contributions evidence. Decision remanded for final merits determination on sustained acclaim at field's top.

A materials chemistry scientist filed an EB-1A petition as a self-petitioner. USCIS erroneously applied the EB-1B outstanding professor standard instead of EB-1A. The AAO remanded for reconsideration under the correct statutory framework for extraordinary ability.

A semiconductor manufacturer sought to employ a component design engineer under the EB-2 advanced degree classification with a labor certification. The case is not an NIW. The service center found the beneficiary lacked a required skill, and the AAO withdrew that decision and remanded for review of recruitment materials.

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 sculptor with 20 years experience claimed five EB-1A criteria. The AAO found the service center's denial of three criteria conclusory and inadequately reasoned. The AAO confirmed one criterion was met and remanded for proper reconsideration of the other claimed criteria.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

A scientist seeks EB-2 classification with national interest waiver to conduct immunology research targeting autoimmune diseases and cancer. Service center denied the waiver based on inadequate national importance. AAO remanded because service center failed to properly analyze the proposed endeavor's specifics, the petitioner's qualifications, and factors favoring waiver.

A component design engineer was sponsored by a programmable logic device manufacturer under the EB-2 advanced degree category with a labor certification, not a national interest waiver. The service center denied for missing skills. The AAO withdrew that decision and remanded for review of successor-in-interest status, advertising evidence and qualifying experience.

Chief urban planner with advanced degree seeks EB-2 national interest waiver for mixed-use real estate and housing policy work. AAO withdrew SCOPS denial and remanded because SCOPS provided insufficient reasoned analysis of evidence supporting all three Dhanasar prongs.

A cloud technology expert sought extraordinary ability classification. After two prior denials and reopenings by the service center, a third denial was issued without affording the petitioner thirty days to submit a brief as required by regulation. The AAO remanded to cure the procedural defect.

Business development executive and entrepreneur in technology-driven fitness and wellness ventures claims extraordinary ability. Petitioner claimed five criteria; Service Center found two met. AAO found three criteria met on de novo review, satisfying initial evidence requirement. Decision remanded for final merits determination on sustained acclaim and top-tier status.

Manufacturing optimization consultant with Brazilian bachelor's degree in industrial engineering claiming five years progressive experience equivalent to master's degree. SCOPS denied without adequately addressing employment letters. AAO remanded for proper analysis of whether petitioner established advanced degree equivalent and, if so, NIW merits.

A karate athlete appealing a denial for extraordinary ability classification satisfied three initial evidentiary criteria: awards, published materials, and leading role. The AAO remanded for a final merits determination examining whether the evidence demonstrates sustained national or international acclaim and places him among the very top of the field.

Special effects artist and animator in motion design and AI-driven visual communication sought EB-1A extraordinary ability classification. Claimed seven criteria; AAO found three met (published material, judging, scholarly articles), withdrew SCOPS denials, and remanded for final merits analysis of sustained acclaim and top-tier status.

A pediatric cardiologist seeks EB-1A extraordinary ability classification. SCOPS found only two criteria met; AAO reversed on published material, establishing three criteria. The threshold satisfied, AAO remands for final merits determination evaluating sustained national or international acclaim and whether petitioner ranks among the very top in the field.

Self-petitioning floral designer with fifteen years of experience sought EB-1A extraordinary ability classification. The AAO found she met three evidentiary criteria (awards, judging, exhibitions), satisfying the initial threshold. The decision withdrew SCOPS' denial and remanded for final merits determination on whether evidence establishes sustained acclaim placing her among the top percentage in floral design.

An AI consulting firm sought EB-1A classification for a chief technology officer. The AAO found the beneficiary met the judging criterion on appeal, satisfying three total criteria. The matter was remanded for a final merits determination on whether the beneficiary demonstrates sustained acclaim and placement at the very top of the field.

A resident physician with a bachelor of medicine degree sought NIW for EB-2. The AAO reversed the service center's denial of underlying EB-2 eligibility and remanded for proper analysis of national interest waiver under Dhanasar, finding the service center failed to provide meaningful reasoning.

Economist and former Armenian politician petitioned for EB-1A claiming eight criteria. AAO found three criteria met: published material, scholarly articles, and leading role at organizations. Case remanded for final merits analysis on whether evidence shows sustained acclaim among top percentile in field.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

Technology company petitioned for CTO classified as extraordinary ability in technology entrepreneurship. SCOPS found two criteria met; AAO found judging criterion also satisfied. Decision remanded for final merits determination on sustained acclaim and top percentile status after establishing three evidentiary criteria.