Published AAO appeal decisions

A company petitioned for EB-1A classification for its co-founder and head of product in technology. The service center found two criteria met: leading role and high salary. The AAO affirmed denial because the petitioner failed to establish three required criteria; awards, membership, published material, and scholarship claims all fell short of regulatory standards.

A digital health communications influencer and public health educator sought EB-1A classification. The service center found two criteria met; the AAO on appeal reconsidered and found insufficient evidence for the high salary criterion, leaving petitioner below the three-criterion threshold.

An AI researcher with a Ph.D. in theoretical physics sought EB-1A extraordinary ability classification. She met initial evidence requirements in three criteria but failed the original contributions prong on closer review; citations alone were insufficient proof of major significance. The AAO found the record lacked evidence of sustained national or international acclaim required for the visa.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

A digital transformation architect satisfied three initial criteria but failed the final merits test. AAO found his Salesforce certification, recent judging, publications, and employment did not demonstrate sustained acclaim or placement among the very top of the field required for extraordinary ability.

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

An entrepreneur planning a cybersecurity and crisis management company sought EB-2 exceptional ability classification with a national interest waiver. The AAO found only the academic record criterion satisfied, withdrew the service center's findings on the other criteria, and reserved the waiver analysis, dismissing the appeal.

A mountaineer from Bangladesh sought EB-1A classification claiming awards, membership, publications, contributions, and leading role. The AAO dismissed the appeal, finding insufficient evidence that awards were nationally or internationally recognized for excellence and that club membership required outstanding achievements by recognized experts. The petitioner did not demonstrate sustained acclaim at the top of the field.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

Software development engineer in test claimed extraordinary ability under EB-1A, citing five criteria. AAO found he met judging and high salary criteria but abandoned other claims on appeal. Two criteria insufficient; record did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

University sponsoring assistant professor in ethnomusicology for EB-2 exceptional ability with Schedule A designation. Petitioner claimed five of seven regulatory criteria. AAO dismissed appeal because petitioner failed to adequately develop arguments on appeal, rendering claims waived.

Materials engineer seeking EB-2 with national interest waiver for supply chain optimization initiative. Petitioner holds advanced degree but failed to establish national importance of proposed endeavor; claimed scalability and broad impacts lack specific details and independent corroborating evidence.

Research engineer seeks NIW under EB-2 to conduct research in vehicle safety, renewable energy, and data centers. AAO dismissed, finding substantial merit but insufficient evidence of national importance; research activities limited to employer and clients without demonstrated broader implications.

A nicotine manufacturer petitioned for a director of product development under EB-2 advanced degree and Schedule A Group II. The beneficiary met two of seven evidentiary criteria (judging and scholarly articles). The AAO affirmed denial because the record did not demonstrate widespread acclaim and international recognition required for Schedule A designation.

An entrepreneur and inventor from Transnistria claimed extraordinary ability under EB-1A, asserting four evidentiary criteria. The AAO affirmed the Service Center's denial, finding he failed to demonstrate nationally or internationally recognized awards or judging experience, thus falling short of the required three criteria threshold.

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.

A healthcare ethics and medical communication researcher in early-career stage seeks EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner had not established sustained national or international acclaim or demonstrated career of acclaimed work required for extraordinary ability.

IT consultant sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed second denial after remand, finding only one of six exceptional ability criteria met. National importance not established for proposed IT consulting endeavor.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

Mechanical engineer self-petitioner claimed five EB-1A criteria. SCOPS found only two met (judging, scholarly articles). AAO remanded because SCOPS misidentified awards, failed to explain published material issues, and confused patent citations with article citations, preventing proper evaluation of original contributions and final merits.

Employer petitions for pain management physician with neurology research background claiming extraordinary ability. Beneficiary claimed four criteria; only two met: judging and scholarly articles. Original contributions lack concrete evidence of major significance to field; leadership roles not sufficiently demonstrated. Falls short of three-criterion threshold.

An employer petitioned on behalf of a top executive for extraordinary ability classification. The AAO withdrew the service center's previous findings on two criteria: membership and high salary. With fewer than three criteria met, the threshold initial evidence requirement failed. The AAO declined to reach final merits. Appeal dismissed.

A poet sought EB-1A classification claiming seven criteria but successfully established only one. The AAO dismissed the appeal, finding that lesser awards lacked national or international recognition, membership associations did not require outstanding achievements, and overall evidence showed only isolated accomplishments, not sustained acclaim required for extraordinary ability.