Published AAO appeal decisions

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Marketing manager sought EB-2 NIW. AAO dismissed appeal, finding insufficient evidence of national importance under Dhanasar's first prong. Petitioner's endeavor lacked detail and specificity; benefits appeared bounded by single employer rather than demonstrating broader national implications.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

Financial services manager with MBA sought NIW as EB-2 professional to advance KYC and AML strategies. AAO dismissed, finding proposed endeavor lacks national importance despite industry significance; petitioner failed to demonstrate prospective impact beyond employer benefits.

Platform Engineer II position in cloud infrastructure. Employer-sponsored EB-2 NIW petition. Petitioner established substantial merit but failed to show national importance of the specific endeavor; work benefited only the employer with no demonstrated broader implications or economic effects for the nation.

Artistic director and drama teacher seeks O-1A classification. Petitioner claimed eligibility under multiple criteria but established only one. Director found insufficient evidence of lead roles in distinguished productions and inadequate testimonials from recognized experts. Appeal dismissed as beneficiary did not meet minimum three-criterion requirement.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.

A research scientist with Ph.D. in industrial engineering employed since 2021 sought EB-2 NIW for developing privacy-enhancing technology in digital advertising and healthcare. The AAO affirmed dismissal, finding inadequately documented prospective national importance. Though research has merit, the petitioner failed to demonstrate specific focus or impact rising to national importance. Later Dhanasar prongs were not reached.

A sports and exercise physiologist seeks EB-2 NIW with an advanced degree. The AAO found the proposed endeavor has substantial merit but lacks national importance. Connection to national health initiatives is insufficient without demonstrating prospective impact. Reserved second and third prongs; dismissed appeal.

Weapons development specialist from Ukraine sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met at least three criteria but failed final merits determination, showing only government-level recognition without demonstrating sustained national or international acclaim.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

A cosmetologist seeks EB-2 NIW classification. The director found exceptional ability and that petitioner was well-positioned to advance the endeavor. The AAO affirmed lack of national importance: the business plan showed no substantial positive economic effects in New York or industry-wide impact on cosmetology, dismissing the appeal.

A solar energy company sponsored an accounting manager for EB-2 NIW work on accounting and financial duties for solar and battery storage projects. The AAO dismissed the appeal, finding the beneficiary's specific services lacked national importance because impact was limited to company and clients, not broader industry or economy.

Employer petitioned for NIW for project controls engineer managing capital improvement contracts for school districts. AAO dismissed appeal because engineer's specific work lacks national importance; role in contract administration does not advance STEM or field broadly; industry significance does not establish endeavor significance.

A battery test engineer seeks NIW for EB-2 with employer sponsorship to develop lithium battery and soft electronics materials. The AAO found substantial merit but not national importance, as the proposed work's impact is confined to the employer and customers without broader field or economic advancement.

A company petitioned for an industrial automation specialist seeking EB-2 exceptional ability classification with a national interest waiver. The service center denied it and dismissed a motion to reconsider. The AAO dismissed the appeal because the petitioner addressed the original denial, not errors in the motion dismissal, and tried to materially change the petition.

A dentist with advanced degree seeks EB-2 NIW to open and operate three dental practices. Although petitioner proposed employing forty workers and advanced implant techniques, the AAO found the endeavor lacks national importance. Benefits accrue only to patients served; no evidence of regional or national economic impact beyond private practice.

International banking manager with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding industry importance does not establish national importance of specific proposed endeavor; petitioner failed to demonstrate prospective impact on field or economy beyond individual employment.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

Risk management professional with advanced degree seeking NIW for EB-2. Petitioner proposed developing risk models and market risk analytics for national economic benefit. AAO dismissed, finding proposed endeavor lacked national importance. Work was too narrowly tied to employer; vague assertions about preventing economic collapse insufficient. Well-positioned and balance prongs not reached.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

Software company petitioned for product design director as EB-1A extraordinary ability. Petitioner claimed six criteria but director found none met. AAO affirmed, finding app features, vague judging letters, and design contributions insufficient for national or international acclaim required for extraordinary ability classification.