Published AAO appeal decisions

Investment firm petitions for O-1A classification for external managers evaluation specialist. Petitioner failed to submit required advisory opinion and satisfied only two of eight evidentiary criteria. Missing published material documentation and failing to establish three alternate criteria, petition dismissed.

A pilot sought EB-2 NIW for work as search and rescue and air ambulance pilot-instructor. The AAO dismissed the appeal because the petitioner failed to establish national importance: the proposed work would not have broader implications for aviation, did not show significant potential to employ U.S. workers, and offered no substantial economic effects.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

An engineer sought EB-2 with NIW to open a consulting firm serving small/medium construction companies. The AAO dismissed, finding the proposed endeavor lacked national importance. Arguments about environmental and economic benefits were insufficient under Dhanasar framework.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

Chief health officer with advanced degree seeking national interest waiver to manage hospital and reduce healthcare costs through technology. AAO affirmed that petitioner failed to establish national importance of specific endeavor; record shows only localized impact to hospital patients without broader industry or economic implications.

An airline industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.

Researcher with advanced degree seeking national interest waiver to develop biomedical instruments and enhance ECMO technology. Director and AAO found petitioner failed to establish that specific proposed endeavor has national importance, focusing on industry importance rather than endeavor-specific prospective impact.

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

A security consultant sought EB-2 exceptional ability classification with a national interest waiver to establish a private security consulting business. The AAO dismissed, finding the proposed endeavor lacks national importance despite the petitioner's skills and Brazilian law enforcement background; no sufficiently direct connection to nationally important impact.

A nonprofit employer sought NIW for its senior advisor in humanitarian food security and livelihoods work. AAO affirmed dismissal because beneficiary's specific monitoring and evaluation role lacked broader field implications; humanitarian importance of organization insufficient for national importance of individual endeavor.

Quantum mathematics researcher sought national interest waiver as advanced degree holder. Met EB-2 advanced degree requirement but failed first Dhanasar prong. Recommendation letters lacking specificity about proposed endeavor; insufficient evidence that research has national importance beyond field prestige.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

An account specialist and insurance agent sought EB-2 NIW. The AAO found the petitioner satisfied the advanced degree requirement but failed the first Dhanasar prong: the proposed work lacked national importance because contributions to accounting knowledge and diversity would not extend beyond her employer and clients to impact the field broadly.

A finance manager sought EB-2 NIW for a finance technologist role. The AAO affirmed dismissal, finding she failed to demonstrate her specific proposed endeavor has national importance distinct from the importance of the finance profession generally.

Business consultant sought EB-2 national interest waiver for implementing financial management model in United States. Petitioner claimed endeavor would transform small business success rates. AAO held record lacked documentation of prospective impact beyond clients; insufficient capital commitments and no evidence of substantial economic effects.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

A software and investment firm sought O-1 classification for an investment and marketing specialist. After a summary dismissal of the appeal, the firm filed untimely combined motions to reopen and reconsider. The AAO found the delay was not reasonable or beyond the firm's control and dismissed both motions without reaching the merits.