Published AAO appeal decisions

Youth soccer academy petitioned to employ a soccer coach as an EB-2 beneficiary with national interest waiver. AAO affirmed denial because the coach's youth coaching endeavor lacked national importance; recommendations showed coaching excellence but not prospective impact at industry scale required by Dhanasar.

Audio, mixing, and recording engineer sought O-1A nonimmigrant classification through employer sponsor. Petitioner failed to establish award nomination or three of six alternate criteria. Only one criterion met (significant recognition). Lead role performances and required documentation forms not established.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

Marketing manager with advanced degree sought EB-2 national interest waiver. Director found advanced degree eligibility established. AAO affirmed denial, finding proposed endeavor lacked national importance; no evidence of projected economic impact or job creation at national level.

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

Attorney and international tax consultant with advanced degree seeking EB-2 NIW for self-employment in tax consulting. Met underlying advanced degree classification but failed first Dhanasar prong because specific endeavor lacked national importance. Creating eight jobs and tax revenue insufficient to establish substantial prospective impact warranting waiver.

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.

A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.

Financial analyst with advanced degree seeking EB-2 classification and national interest waiver. Petitioner proposed real estate financial advisory work but failed to establish national importance under Dhanasar first prong. AAO found proposed endeavor lacks sufficient prospective impact beyond employer and clientele to warrant waiver.

Product manager with doctorate in robotics and AI sought EB-1A extraordinary ability. AAO found three criteria met (awards, scholarly articles, leading role) but final merits analysis showed achievements insufficient for sustained national/international acclaim at top of field level.

A sports management company petitioned for a sumo wrestler seeking O-1A extraordinary ability. The applicant met only the awards criterion. Claims of membership in elite associations and published media coverage failed because the federation membership lacked documented outstanding achievement requirements and articles lacked proper attribution. Fewer than three criteria were satisfied so appeal was dismissed.

A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

An engineering company sponsored a thermofluidic and bridge erosion researcher for O-1A extraordinary ability. The petitioner submitted evidence for four criteria but satisfied only scholarly articles. The AAO found the beneficiary's published work lacked demonstration of major significance; diverse skillset alone does not constitute original contributions of requisite magnitude. Appeal dismissed.

English language and literature teacher sought EB-2 with national interest waiver. Claimed advanced degree professional or exceptional ability status. AAO held petitioner did not meet EB-2 eligibility requirements; foreign degree unrelated to proposed endeavor; did not satisfy three of six exceptional ability criteria; Dhanasar analysis reserved.

Business development director sought EB-2 NIW as advanced degree professional. Qualified for underlying EB-2. AAO found proposed business development endeavor poorly defined and lacking substantial merit and national importance. Petitioner failed to document specific projects, scale, or prospective economic impact needed to establish national importance.

Employer petitioned for basketball player for O-1A classification. Petition failed on contract documentation, event description, and evidentiary criteria requirements. AAO dismissed appeal because petitioner waived contest of contract and event grounds and AAO declined to reach the evidentiary criterion argument.

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

Mechatronics engineer sought EB-2 with national interest waiver. Described endeavor as continued employment with multinational companies on cross-border transactions; later added business plan and service company. AAO held proposed endeavor lacked national importance; business plan materials presented new facts post-filing; letters and articles address industry, not specific endeavor impact.

Former military officer seeking EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. Petitioner did not hold recognized bachelor's degree equivalent and failed to establish three of six exceptional ability categories. Ineligible for EB-2; appeal dismissed.

Education counseling business petitioned for school and career counselor beneficiary's O-1A classification. Petitioner claimed seven criteria; director and AAO found none met. Letters lacked evidence of major field significance. Salary was average, not elevated. Appeal dismissed without final merits determination.

A finance consultant with advanced degree seeks EB-2 NIW. The petitioner proposed operating a financial consulting company. The AAO dismissed the appeal, finding the endeavor lacks national importance and substantial positive economic effects required under Dhanasar.