This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to meet the minimum three evidentiary criteria required under 8 C.F.R. § 204.5(h)(3). The AAO also withdrew SCOPS's finding that the scholarly articles criterion was satisfied, leaving the petitioner with fewer than three criteria met.
2 more criteria would trigger a full merits review.
The petitioner, a technology entrepreneur and CEO who developed AI-driven workplace safety systems, sought EB-1A classification but could not meet the threshold of three evidentiary criteria. SCOPS had credited him with two criteria (scholarly articles and leading role), but the AAO reversed the scholarly articles finding because the submitted article lacked a full English translation and the publication's credentials were not established. The AAO found the awards, membership, published materials, and original contributions criteria were each insufficiently demonstrated — primarily because evidence focused on the company rather than the petitioner personally, memberships did not require outstanding achievements, and publications lacked required author information or evidence of major media status. Because the petitioner failed to clear the initial evidentiary threshold, no final merits determination was conducted.
What failed: 1. Evidence of company achievements (venture capital, design awards, contracts) was consistently rejected because it did not show the petitioner personally received recognition. 2. Membership evidence failed because neither the accelerator cohort nor the professional organization's senior membership required outstanding achievements judged by recognized national/international experts. 3. The scholarly article was fatally undermined by lacking a full English translation and missing evidence that the journal qualified as major media.
Takeaway: Petitioners must ensure that all evidence is clearly tied to them personally (not their company), that all foreign-language documents are fully translated, and that publications submitted under any criterion include concrete circulation or readership data to qualify as major media or professional journals.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1A criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- Evidence of company achievements (venture capital, design awards, contracts) was consistently rejected because it did not show the petitioner personally received recognition
- Membership evidence failed because neither the accelerator cohort nor the professional organization's senior membership required outstanding achievements judged by recognized national/international experts
- The scholarly article was fatally undermined by lacking a full English translation and missing evidence that the journal qualified as major media.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Not metVenture capital funding received by the petitioner's company (not by the petitioner personally) was found not to qualify as a prize or award. Company awards also did not demonstrate the petitioner personally received them, and national/international recognition was not established.
Membership in associations requiring outstanding achievement
Not metMembership in an accelerator cohort did not show outstanding achievement judged by recognized national/international experts. Senior membership in a professional organization did not require outstanding achievements. A fellowship membership obtained after the petition filing date was not considered.
Published material about the person
Not metMost articles were about the petitioner's company, not the petitioner personally; some lacked required author identification; one publication's circulation/readership data was not submitted to qualify as major media.
Original contributions of major significance
Not metPetitioner's AI ergonomic risk system showed commercial use but petitioner was not named on the relevant patent; articles about similar companies did not mention the petitioner; letters of support limited significance to the employer rather than the broader field.
Authorship of scholarly articles
Reversed in their favorAAO reversed SCOPS's favorable finding: the submitted scientific article was in Turkish without a full English translation as required; the publication's printout did not confirm the article was published in a professional journal; no circulation or audience data was provided.
SCOPS (not AAO) found the leading/critical role criterion satisfied — AAO reserved but did not reverse this finding
A report from a third party discussing the petitioner's AI product and its workplace safety benefits was reviewed but found insufficient to establish major significance
Venture capital funding received by the company rather than the petitioner personally did not qualify as a lesser nationally/internationally recognized award
Company awards (design awards, recognition) did not show the petitioner personally received them
Accelerator cohort membership did not demonstrate outstanding achievements judged by recognized national/international experts
Senior membership in a professional organization did not require outstanding achievements (based on years of experience, job responsibilities, and reference letters)
Fellowship membership obtained after petition filing date was excluded from consideration
Most published articles were about the petitioner's company or barely mentioned the petitioner
One publication lacked an identified author as required
Scientific article submitted in Turkish without full English translation could not satisfy the scholarly articles criterion
No circulation or readership data provided to qualify publications as major media or professional journals
Patent on which petitioner's name did not appear could not establish petitioner's original contribution
Articles about competitor companies that did not mention the petitioner failed to show widespread implementation of petitioner's contributions
Letters of support limited the significance of contributions to the petitioner's employer rather than the broader field
SCOPS incorrectly credited the scholarly articles criterion despite the article lacking a full English translation and no evidence that the publication qualified as a professional or major trade publication.
Completed
I-140 filed
Technology entrepreneur and CEO who co-founded a company developing AI-based ergonomic risk assessment systems and edge computing devices for industrial environments
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-03-25
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to meet the minimum three evidentiary criteria required under 8 C.F.R. § 204.5(h)(3). The AAO also withdrew SCOPS's finding that the scholarly articles criterion was satisfied, leaving the petitioner with fewer than three criteria met.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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