Published AAO appeal decisions

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Restaurant petitioned for executive chef's O-1A classification. AAO dismissed motion to reconsider, holding petitioner failed to raise new legal or factual grounds and repeated prior arguments without addressing erroneous application of law.

Subsea engineer sought EB-2 national interest waiver for petroleum engineering role. Petitioner cited clean energy importance and industry reports. AAO held the field's national importance did not establish his specific endeavor's national importance; no evidence of projected economic impact or employment generation from his services.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

CEO and entrepreneur sought EB-2 national interest waiver for construction company. Petitioner cited HUBZone certification, direct and indirect employment projections, and economic enhancement claims. AAO held the record lacked sufficient evidence of prospective economic impact or national importance of the specific endeavor beyond general industry benefits.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

A video game production company sought EB-1A classification for an environment concept art lead. The petitioner claimed five criteria on appeal. The AAO found only the critical role criterion met. Insufficient evidence of three required criteria led the AAO to dismiss the appeal.

Dance studio petitioned for dance instructor beneficiary for O-1A classification. Service center found one criterion met. AAO affirmed that beneficiary met only one criterion and rejected original contributions claim based on lack of evidence of major significance. Petition dismissed as beneficiary failed to satisfy three-criterion requirement.

An obstetric nurse sought EB-2 NIW status to operate a doula and midwifery practice. The AAO found her advanced degree qualification was established but the proposed endeavor lacked national importance under Dhanasar because her work would only benefit direct clients, not the field broadly, and her stated innovations were too vague.

An automotive glass manufacturer petitioned for an employee with experience in judging and scholarly publications in the field. The AAO found the beneficiary met two criteria but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

Pharmaceutical microbiology production manager seeking EB-1A extraordinary ability classification. AAO found petitioner did not meet initial evidence requirements; failed to establish three alternate criteria. Awards lacked documented recognition for field excellence; published material insufficient; no sustained national or international acclaim demonstrated.

Finance director with advanced degree seeks NIW for employment in Florida. Petitioner claimed substantial merit and national importance of her financial services work. AAO held the specific endeavor lacked national importance because evidence showed only her individual client impact, not broader field or economy impact.

A procurement and import specialist sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed denial because the petitioner did not establish ten years of experience or meet three of six exceptional ability criteria, rendering him ineligible for the underlying classification and making the NIW analysis unnecessary.

A consultant sought EB-2 with NIW. The AAO affirmed denial because the petitioner did not establish an advanced degree equivalent through proper academic records, only submitting diploma and educational evaluation letters. The decision did not reach NIW analysis.

A tennis training center petitioned for a tennis coach under O-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner did not provide a valid contract or summary of an oral agreement, since the submitted agreement was undated and unsigned by the beneficiary. The remaining grounds of denial were not reached.

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

Human rights attorney sought EB-2 with national interest waiver. While demonstrating exceptional ability and current human rights work, petitioner failed to articulate a specific future endeavor with substantial merit and national importance under Dhanasar. Continuing employment in current position does not constitute sufficient proposed endeavor.

Urban development planner sought EB-2 with national interest waiver. AAO held petitioner failed the well-positioned prong: lacked specific business model or plan for United States endeavors and no credible evidence of investor or customer interest, despite experience with international projects.

Restaurant petitioned for O-1A classification for executive chef of extraordinary ability. AAO dismissed appeal because beneficiary failed to demonstrate nomination for significant awards or at least three of six regulatory criteria; evidence of participation in distinguished productions and published recognition was insufficient.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

A petitioner in business management sought EB-2 NIW classification based on an advanced degree. The AAO affirmed denial because the petitioner failed to establish five years of progressive experience in the specialty, a requirement for advanced degree equivalency. The NIW Dhanasar prongs were not addressed.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.