Published AAO appeal decisions

Healthcare payer business unit manager sought EB-1A extraordinary ability classification. AAO found petitioner established only one criterion—leading critical role—but failed awards, original contributions, and high salary criteria. Petition dismissed for failing to meet three-criterion threshold for extraordinary ability.

Data scientist seeks NIW for developing fraud prevention systems at employer. AAO found proposed endeavor has substantial merit but lacks national importance; employer benefits insufficient to show broader implications for field or economy.

A CEO of a clean energy company claims extraordinary ability under EB-1A, meeting three of ten evidentiary criteria. The AAO affirmed denial because the totality of evidence failed to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field, despite satisfying initial criteria.

Advanced degree professional in community economic development sought EB-2 national interest waiver. AAO held while endeavor had substantial merit, petitioner failed to establish national importance through sufficient evidence of prospective impact, relying improperly on industry importance alone rather than specific proposed endeavor impact.

A software developer working in machine learning seeks EB-1A extraordinary ability classification. She claimed six criteria; USCIS found four met (judging, authorship, leadership role, high salary). The AAO affirmed dismissal because the totality of evidence does not demonstrate sustained national or international acclaim or placement in the very top of the field.

A franchise development businessman sought EB-1A extraordinary ability classification. He claimed ten criteria and demonstrated two: published material and judging. The AAO affirmed denial, finding he failed to meet at least three criteria, satisfied no major award, and lacked evidence of sustained national or international acclaim required for extraordinary ability.

Ph.D. student and research assistant in agriculture water management seeking EB-1A extraordinary ability. Met judging and scholarly articles criteria but not original contributions, falling short of three-criterion threshold. AAO found record does not establish acclaim required; appeal dismissed.

A petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal on procedural grounds, finding the signature on Form I-290B did not match the petitioner's signatures elsewhere in the record, rendering the appeal not properly filed and lacking valid legal standing.

Business owner self-petitioner in disposable personal hygiene products manufacturing sought EB-1A extraordinary ability. AAO affirmed dismissal finding petitioner satisfied no three initial criteria; original contributions claim based on industry standard participation lacked sufficient evidence of major significance.

A food and wine entrepreneur planning to open a restaurant sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, concluding that only one of the five claimed criteria was met rather than the required three, and reserved the waiver issue.

Enterprise account engineer sought national interest waiver under EB-2, proposing consulting services to SMEs for cloud migration and cybersecurity modernization. AAO found endeavor lacked sufficient evidence of prospective national importance, focusing on her individual consulting work rather than field-wide or broader economic impact.

Musician and music teacher seeks NIW for EB-2 to establish national network of rhythm therapy centers. USCIS found substantial merit but AAO affirmed no national importance shown; petitioner not well-positioned to advance without evidence of scalable model implementation.

Artist/performer seeking EB-1A extraordinary ability classification. Claimed published material, leading role, and high salary criteria. AAO held publications do not qualify as professional or major media; criteria raised for first time on appeal not considered; beneficiary cannot meet three-criterion threshold.

Health technology company petitions for beneficiary as EB-1A extraordinary ability individual. Beneficiary met six of eight claimed evidentiary criteria, but AAO affirmed denial, finding evidence does not demonstrate sustained national or international acclaim or placement among the very top of technology entrepreneurship field.

An aircraft technician seeks EB-2 NIW based on exceptional ability and national interest waiver. AAO found the proposed endeavor has substantial merit but lacks national importance. Although the petitioner cited aviation safety and training programs, he did not demonstrate how his specific work or training would produce broad impacts or substantial economic effects at national scale.

Computer engineer with 2023 PhD in electrical engineering claimed three criteria. Two were accepted at service center level. AAO affirmed original contributions not met because citations and support letters reflect only incremental research progress, not widespread field recognition of major significance. Appeal dismissed.

International consultant and policy analyst self-petitioner claimed four alternate criteria for extraordinary ability. AAO upheld USCIS denial, finding petitioner met only the leading role criterion but failed on awards, published material, and original contributions. Threshold of three criteria not satisfied; final merits declined.

Ph.D. candidate in computer science developing AI models for e-commerce claimed four criteria. AAO affirmed judging and scholarly articles but rejected published material and original contributions. Limited field adoption and insufficient impact preclude extraordinary ability finding.

A physician seeking EB-2 classification with NIW claimed his proposed endeavor merits waiver of job offer requirement. The AAO held the endeavor lacks sufficient national importance under Dhanasar because it relies on alignment with government priorities rather than demonstrating specific, prospective national impact.

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

Chemical engineer seeking EB-2 NIW to start U.S. consulting company. Claimed extensive petrochemical industry experience and customer interest demonstrate national importance and economic impact. AAO held specific proposed endeavor lacks national importance; prior work experience and customer letters relate to second prong, not national importance of proposed venture itself.

The petitioner's occupation is not stated in the available text. The appeal of an extraordinary ability denial was dismissed on procedural grounds because the signature on the appeal form appeared to be a copied image rather than a valid handwritten signature, so the appeal was not properly filed and no criteria were reviewed.

Ph.D. computer scientist in machine learning and healthcare sought EB-2 NIW. Claimed research has national importance based on industry relevance and policy alignment. AAO dismissed finding petitioner conflated field importance with specific endeavor impact and failed to show particular proposed research would result in national-level consequences.

Beneficiary is a software engineer at a technology company proposing to work on enterprise connectivity and digital platforms. The AAO found substantial merit but rejected the petition because the beneficiary failed to demonstrate that her specific proposed endeavor has national importance; work benefiting a single employer, even with national footprint, is insufficient.

IT consultant from Brazil sought EB-1A classification claiming seven criteria. AAO found one criterion met (scholarly articles) but dismissed appeal because petitioner failed to establish sustained national or international acclaim and top-tier recognition required for extraordinary ability.