Published AAO appeal decisions

A business manager sought NIW based on EB-2 exceptional ability or advanced degree. The appeal was dismissed as moot following a motion to reconsider. On merits, the petitioner failed to establish national importance; the vacation rental business endeavor would serve an existing tourism industry locally but lacked broader implications or substantial economic effects commensurate with national importance.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

An international commercial manager sought employer-sponsored EB-2 NIW claiming expertise in logistics and international markets. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; her proposed endeavor lacked broader industry impact and she provided no explanation of specific implementation methods.

A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.

Flight instructor with ratings from four countries seeking EB-2 and national interest waiver. Petitioner met three exceptional ability criteria and underwent final merits determination. AAO affirmed denial, finding petitioner's training work does not have prospective impact rising to national importance under Dhanasar framework.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

Communications specialist in film and television seeking EB-2 with NIW. Qualified for EB-2 advanced degree category. AAO found proposed work has substantial merit but not national importance; a single communications specialist's benefits too limited to advance field or boost economy nationally.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.

Nursing professional with bachelor's degree sought EB-2 NIW as nurse practitioner. AAO dismissed appeal, finding petitioner failed to establish five years of progressive post-baccalaureate experience as nurse practitioner; thus ineligible for underlying EB-2 and NIW not reached.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.

Architect sought NIW for EB-2 classification. AAO dismissed the appeal due to invalid electronic signatures on appeal forms (I-290B and G-28) not meeting regulatory requirements for original signatures. Additionally, petitioner failed to contest Director's adverse finding on the dispositive second prong of Dhanasar analysis.

Industrial and quality engineer seeks EB-2 exceptional ability classification and NIW. AAO affirmed dismissal partly because petitioner abandoned appeal arguments regarding national importance by failing to respond to Director's analysis. Also found first Dhanasar prong unmet.

An anti-corruption and investigations specialist sought EB-2 with national interest waiver for police department work. The AAO dismissed the appeal, finding the petitioner ineligible for the underlying EB-2 classification and that the proposed endeavor lacked national importance under Dhanasar's first prong.

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

A ship trading company sponsored a marine project manager for EB-2 classification as an advanced degree professional or exceptional ability individual, and later argued it intended a national interest waiver. The AAO dismissed the appeal because the beneficiary did not qualify for the underlying EB-2 classification, and the waiver was not reached.

Electrical engineer employed to provide energy efficiency consulting and audits seeks NIW. AAO affirmed denial because proposed work lacks national importance; local impact on customers insufficient. Petitioner failed to show broader implications or substantial economic effects required under Dhanasar first prong.

Public school employer petitioned for high school science teacher beneficiary as extraordinary ability. Beneficiary met only two criteria: judging and high salary. Award not major and internationally recognized. Did not meet three-criterion threshold or demonstrate sustained acclaim. Appeal dismissed.

Accounting and financial services company sponsored beneficiary for NIW as advanced degree professional. Claimed national importance through accounting and tax preparation services. AAO found substantial merit but rejected national importance because proposed work would not extend beyond company clientele to impact field or economy at national level.

Financial manager seeking EB-2 with NIW for business consulting platform. Qualified for EB-2 advanced degree category. AAO found proposed endeavor has substantial merit but lacks national importance; benefits do not extend beyond employer and clients to impact field or national economy.

Restaurant petitioned for O-1A classification of executive chef claiming extraordinary ability in the culinary arts. AAO dismissed appeal because beneficiary failed to establish any of the required evidentiary criteria, with evidence containing credibility and consistency issues.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.