Published AAO appeal decisions

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.

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.