Published AAO appeal decisions

A human resources manager at a cryptocurrency finance company sought EB-1A extraordinary ability classification. Petitioner claimed seven criteria; director found two met. AAO affirmed, rejecting membership in professional associations, judging participation, and scholarly articles as insufficiently documented, and found the aggregate record did not demonstrate the sustained acclaim required.

Hematopathology clinician and researcher seeks NIW under EB-2. Proposed blood disease research satisfies substantial merit and national importance prong. However, insufficient evidence that petitioner is well positioned to advance research through publications, impact, or field recognition.

A film director and producer claimed four criteria for extraordinary ability. The AAO found only scholarly articles met; awards, original contributions, and leading critical role failed due to insufficient evidence of personal achievement or significant field impact. With one criterion met, appeal dismissed.

A postdoctoral researcher in biomedical engineering working on gene therapy sought EB-1A extraordinary ability. The AAO confirmed two criteria met: judging and scholarly articles. The petitioner's claimed original contributions in gene therapy delivery were rejected as lacking evidence of major significance or field impact, failing the threshold of three criteria.

Senior mobile applications developer claimed extraordinary ability via seven criteria. Failed membership, published material, judging, artistic display, and salary criteria. Did not reach leading role or original contributions claims. Record lacks sustained acclaim and top-tier status for developer.

A general management executive sought extraordinary ability classification. She met only one criterion (leading critical role). The AAO dismissed the appeal, finding her evidence of membership, judging, and original contributions did not meet regulatory requirements and insufficient overall evidence of sustained acclaim at the top of the field.

Firefighting technology general manager and company board chairman. Claimed membership in professional associations, original contributions via patents and contracts, and two additional criteria. AAO rejected memberships for requiring only experience rather than outstanding achievements, and original contributions for lack of demonstrated major significance or connection to patents.

Swimmer met three initial evidentiary criteria: awards, membership, and published material. However, on final merits analysis, AAO found petitioner lacked sustained national or international acclaim, failed to document complete competition record, showed no recent major achievements, and does not rank among small percentage at field's very top.

A business analyst employed as a director sought EB-1A classification. He claimed five criteria, meeting three initially. The AAO found the judging criterion met but the original contributions criterion not met. On final merits, the AAO held the evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field.

An orthopedic surgeon seeking extraordinary ability classification as scientific advisor met only one of required three criteria through judging. The AAO dismissed the appeal because the petitioner did not establish high salary comparatives or critical role at a distinguished institution, and failed to demonstrate sustained national or international acclaim.

A fashion model claims extraordinary ability. She met only the judging criterion but failed awards, published material, original contributions, exhibitions, and leading role criteria. She lacked documentation for commercial success. With only one criterion met, she falls short of the three required.

Martial artist competing in international events sought EB-1A extraordinary ability. Petitioner claimed six criteria but satisfied none. The AAO found awards lacked national or international recognition, membership not based on expert judgment, published material insufficient, and judging role not demonstrated. Two additional criteria were not reached because the petitioner failed the initial three-criterion requirement.

A television presenter and actress sought extraordinary ability classification. Although satisfying the display criterion through television and fashion work, she met only one of three required criteria. The AAO affirmed dismissal due to insufficient evidence of sustained acclaim or top-tier standing in the field.

A violinist claimed five criteria: judging and exhibitions met; awards, scholarly articles, and leading role rejected or unmet. Only two of three required criteria established. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim.

Entrepreneur seeks national interest waiver for EB-2. Proposed business consulting on international trade and digital marketing has substantial merit but fails to demonstrate national importance beyond serving specific clients. Decision holds endeavor lacks sufficient prospective impact on field or U.S. economy, dismissing appeal.

Martial artist serving as regional federation officer claimed awards, published material, judging, and leading role. The AAO found awards lacked national recognition, media sources were not major publications, service as referee did not constitute judging, and did not reach the leading role claim. Appeal dismissed.

A semiconductor manufacturer petitioned for a process engineer beneficiary under EB-2 NIW. Service center granted advanced degree but denied waiver. AAO affirmed denial: proposed process engineering work lacked national importance under Dhanasar because petitioner failed to show the endeavor's prospective impact on U.S. employment or broader field implications beyond company operations.

A Turkish filmmaker claimed extraordinary ability through six criteria. Director found three met: awards, judging, and exhibitions. AAO affirmed three criteria were met but found the totality of evidence insufficient for sustained international acclaim and top-of-field status required by statute.

A marketing and advertising manager sought extraordinary ability classification after a service center denial for failing three of ten criteria. The AAO dismissed the appeal as moot because the petitioner already held an approved petition in the same classification, so no criteria were decided.

Pediatric intensivist in Saudi Arabia sought extraordinary ability classification. Met two criteria (judging, scholarly articles). Awards were institutional only; original contributions lacked evidence of major field significance. Appeal dismissed as fewer than three criteria satisfied.

A geosteering researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. All three prongs were satisfied: substantial merit and national importance of research improving drilling operations, petitioner well positioned to advance work, and balance favors waiver. Appeal sustained.

A computer scientist specializing in 5G networks and mobile analytics met three evidentiary criteria but the appeal was dismissed. The AAO found conference presentations, peer review work, article downloads, and grant funding did not demonstrate sustained national or international acclaim required for the small percentage at the very top.