Published AAO appeal decisions

A vaccine industry executive with law and business degrees sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding he met three criteria: leading critical role, high salary, and original contributions, and demonstrating sustained international acclaim placing him among the very top in his field.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

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.

A data scientist with an advanced degree sought EB-2 classification with a national interest waiver. The AAO affirmed the service center denial, finding the proposed endeavor has substantial merit but lacks national importance because the petitioner provided no evidence of prospective impact beyond the employer or significant economic effects.

A Kazakh law professor sought EB-1A classification as alien of extraordinary ability. Although meeting three evidentiary criteria—judging, scholarly articles, and high salary—the AAO affirmed SCOPS finding that the petitioner lacked sustained national or international acclaim necessary to demonstrate extraordinary ability at the highest level.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

An endocrinology researcher sought EB-1A classification, claiming six criteria, of which the service center accepted three: judging, scholarly articles and leading role. The AAO dismissed the appeal at the final merits step, finding the peer review, editorial service and publication record did not show sustained acclaim or a place among the top.

Infrastructure specialist proposed IT consulting firm offering system design, project management, and cybersecurity services. Sought EB-2 NIW but petitioner failed to establish specific endeavor had national importance beyond potential client benefit. AAO dismissed, finding insufficient prospective impact on IT field or economy.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

A senior IT consultant working with AI-driven frameworks sought EB-1A classification. The service center found at least three evidentiary criteria satisfied but denied on final merits. The AAO did not decide additional criteria and dismissed the appeal, finding the evidence did not show sustained acclaim or top-of-field standing.

Assistant professor of Arabic languages seeks waiver based on language instruction and curriculum development supporting military personnel readiness. Claimed endeavor involves research on cross-cultural communication and specialized translation. AAO dismissed appeal, finding proposed endeavor has commendable ambitions but lacks documented prospective impact rising to national importance.

A forecasting and data analysis researcher sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the first Dhanasar prong met but the second and third prongs unmet: insufficient evidence of being well-positioned to advance the endeavor and that a waiver would benefit the United States.

A data scientist employed at a tech company petitioned for EB-1A. The AAO found the petitioner failed to meet the threshold requirement of three initial evidentiary criteria. Only the awards criterion was analyzed and rejected; remaining criteria were not addressed as the first prong already failed.

Data analyst self-petitioner claimed eight EB-1A criteria. AAO withdrew findings on two criteria and rejected awards and salary claims. On final merits, AAO affirmed that totality of evidence does not demonstrate sustained acclaim or placement among the small percentage at the very top of the field.

Agricultural economist claims extraordinary ability under EB-1A. Submitted evidence for five criteria: awards, high salary, original contributions, leading role, and scholarly articles. AAO found only scholarly articles criterion met; awards lack national/international recognition, salary comparison improper, and original contributions lack sufficient field impact. Fails three-criterion threshold.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.

A climate change policy analyst sought NIW under EB-2. SCOPS denied the petition solely for defective attorney signatures (photocopied rather than original handwritten). The AAO remanded the matter, holding SCOPS should have processed the petition as if the defective notice of representation had not been submitted.

An executive for a news organization in China petitioned for EB-1A extraordinary ability classification. She claimed four criteria: published material, judging, scholarly articles, and leading roles. The AAO found three criteria met but determined the totality of evidence failed the final merits test for sustained acclaim at the very top of the field, dismissing the appeal.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.