Published AAO appeal decisions

Software development company petitioning for CEO beneficiary for EB-1A extraordinary ability. USCIS approved three criteria; AAO withdrew original contributions finding, leaving only two criteria met. Final merits determination failed to show top-tier standing, dismissing appeal.

A petitioner sought to establish extraordinary ability for their beneficiary, claiming satisfaction of regulatory criteria without a major award. Although the service center found three criteria met, the AAO withdrew one finding on published material and found the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

Chemical engineer with five years pharmaceutical and biotechnology experience sought EB-2 with national interest waiver. Proposed developing analytical methods and processes for vaccine and therapeutic manufacturing. AAO dismissed because petitioner failed to demonstrate proposed work has national importance; work appeared routine to employer without broader industry impact.

An automotive company petitioned to employ a process controls engineer under EB-2 NIW, claiming the EV battery assembly work has national importance. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance under Dhanasar's first prong, as impact appears limited to employer and immediate business partners rather than industry-wide.

An employer petitioned for a technology entrepreneur seeking extraordinary ability (EB-1A). Claimed seven criteria initially; director found two met (judging, leading role). On appeal, petitioner claimed five others. AAO found awards and membership unmet and declined to analyze remaining criteria, reserving final merits because threshold initial evidence requirements not satisfied.

Technology startup founder seeking EB-1A classification claimed eight evidentiary criteria; SCOPS found six met and AAO confirmed leading role criterion. However, AAO rejected the petition because sustained national or international acclaim was not demonstrated, with nearly all achievements from 2024-2025 and recognition limited to startup ecosystems, failing final merits review.

Aviation supply chain manager sought EB-2 NIW classification. The beneficiary claimed four exceptional ability criteria but met only one of six required regulatory criteria. The AAO rejected salary and professional association memberships as inadequately documented, finding the beneficiary ineligible for the underlying classification and thus declining to address the waiver prongs.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

A software engineer with master's degree in computer science seeks EB-2 national interest waiver for designing novel algorithms in private cloud storage. The AAO dismissed, finding the proposed endeavor lacked demonstrated national importance beyond the employer's specific needs.

Construction engineer and sustainability specialist with 22 years experience sought EB-2 NIW. Service center approved advanced degree qualification but denied NIW. AAO dismissed because proposed endeavor lacks national importance despite substantial merit; petitioner did not show prospective national impact beyond local scope or sufficient economic benefit commensurate with national importance.

Employer sought national interest waiver for beneficiary as assistant professor of otolaryngology-head and neck surgery. AAO found beneficiary met EB-2 advanced degree requirement but proposed endeavor lacked adequate evidence of national importance beyond employer and local patients, failing the first Dhanasar prong.

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

A systems engineering specialist sought EB-2 national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar. Working in telecommunications generally does not establish specific endeavor importance; broader industry relevance was insufficient.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

Chief operating officer of NSF-funded fire suppression technology startup seeking EB-2 NIW. Qualified for underlying EB-2. AAO affirmed denial of first Dhanasar prong: while fire suppression field is important, petitioner's specific operational work lacks national importance beyond employer benefits and does not broadly impact the industry.

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.

Data scientist in financial technology and artificial intelligence employed as vice president sought EB-1A classification. Met three criteria initially established by service center, but AAO withdrew the awards finding and found the totality of evidence insufficient to demonstrate extraordinary ability and placement among the top percentage of the field.

A web hosting company sought to sponsor a senior software engineer under the EB-2 advanced degree category, not a national interest waiver. The service center denied the petition and dismissed a later motion. The AAO dismissed the appeal because the employer did not show continuing ability to pay the proffered wage from the priority date.

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

Business and financial management company sponsored beneficiary in artificial intelligence and computer vision. AAO withdrew SCOPS' findings on all four criteria due to insufficient evidence and analysis, concluding record does not meet minimum three-criterion threshold for extraordinary ability.

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

A confectionary bakery chef, sponsored by a pastry restaurant, sought nonimmigrant classification as an individual of extraordinary ability. The decision treats the matter as arts-based (O-1B style) and the appeal was dismissed because the petitioner never tied the submitted documents to any regulatory criterion.

An employer sought a national interest waiver for a beneficiary as associate vice president in pharmaceutical supply chain management. The AAO held the proposed endeavor lacked demonstrated national importance under Dhanasar's first prong because work would not impact the field broadly, merely addressing company-specific needs despite being in an important sector.