Published AAO appeal decisions

Education administrator seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit established but national importance not demonstrated. Petitioner's bilingual elementary teaching and coordination in public schools lacks prospective impact beyond her specific students and schools.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

Aircraft mechanic and technician sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO dismissed, finding proposed endeavor of working as aircraft interior technician lacks national importance; arguments regarding aviation industry importance do not establish specific endeavor's broader impact.

Entertainment group petitioned for singer beneficiary for O-1A extraordinary ability. Petitioner failed to establish award-status level or three documentation forms, did not properly file for accompanying O-2 beneficiaries, and appeal was dismissed.

A police inspector with an advanced degree sought EB-2 national interest waiver for a private security consulting business. The AAO dismissed the appeal, finding that while the field itself is important, the petitioner failed to demonstrate his specific business would impact the private security industry broadly or extend beyond serving individual clients.

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

Data analytics specialist with advanced degree sought EB-2 with national interest waiver. The AAO found her proposed work lacked national importance because evidence did not show impact beyond her future employer and clients on the IT industry, data analytics field, or broader economy at national level.

Marketing and communication vice president seeks NIW for EB-2. Claimed proposed endeavor promotes economic growth and onshoring in textile industry. AAO held the work lacks national importance; promoting existing technologies to current and prospective customers does not impact industry or field more broadly.

International youth hockey program sought O-1A visa for head coach. Beneficiary met only one of eight evidentiary criteria (high salary). AAO dismissed appeal finding petitioner failed to demonstrate three required criteria and thus could not reach totality evaluation of extraordinary ability in athletics.

Logistician sought exceptional ability classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; role maintaining current employment and serving employer clients insufficient, lacking national or global implications or significant broader field impact.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Commercial pilot with advanced degree sought EB-2 with national interest waiver. The AAO found his proposed endeavor—employment as pilot and instructor—lacked national importance because he did not identify specific impact on aviation field beyond customers and employers. General pilot shortages do not establish national interest.

Civil engineer sought EB-2 NIW. AAO dismissed after finding petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. Description too vague lacking economic impact specifics.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

A financial manager sought EB-2 NIW classification proposing to advance financial management services for U.S. businesses. The AAO rejected the claim that the proposed endeavor had national importance, finding the applicant provided insufficient evidence of specific impact, scope, viability, or economic benefit. Appeal dismissed.

Employer-sponsored petroleum engineer sought EB-2 NIW to continue current role. Advanced degree requirement met. AAO dismissed appeal; petitioner failed to articulate specific proposed endeavor distinct from general job duties and did not demonstrate national importance beyond occupational significance.

A general manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The Director found she did not establish exceptional ability eligibility. The petitioner did not contest this determination on appeal and did not address the waiver framework, so the appeal was dismissed based on waived underlying eligibility issues.

Human resources specialist seeking EB-2 NIW classification claimed exceptional ability and national interest waiver. AAO found petitioner met only two of six exceptional ability criteria: insufficient full-time experience documentation as HR specialist and inadequate evidence of achievement. Because three criteria are required, NIW Dhanasar framework analysis not reached.

Veterinary researcher with PhD sought NIW for EB-2 to continue infectious disease and antibiotic-resistance research. AAO sustained appeal, finding all three Dhanasar prongs met: proposed endeavor of substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to United States.

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.