Published AAO appeal decisions

An accounting and tax consultant filed a second motion to reopen and reconsider her denied EB-1A petition. The AAO dismissed the motion to reopen for failing to state new facts with documentary evidence and dismissed the motion to reconsider because the petitioner met only one of the required alternative criteria and was not entitled to a final merits determination.

An event planner and entrepreneur sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The service center denied for failing the EB-2 threshold. The AAO dismissed the appeal because the petitioner did not specifically challenge the exceptional ability findings, so the Dhanasar prongs were never evaluated.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

Economist and former Armenian politician petitioned for EB-1A claiming eight criteria. AAO found three criteria met: published material, scholarly articles, and leading role at organizations. Case remanded for final merits analysis on whether evidence shows sustained acclaim among top percentile in field.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

A business executive claimed extraordinary ability through seven regulatory criteria, including awards and scholarly articles. The AAO found he did not receive a major internationally recognized award and met fewer than three alternate criteria. The appeal was dismissed because initial evidentiary requirements were not satisfied.

General manager and founder working in advanced materials research and development. Claimed seven criteria; met four initial evidentiary requirements. AAO affirmed denial because totality of evidence did not establish career of acclaimed work or small percentage at very top of field despite meeting minimum threshold.

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

Investment fund director with eleven years in private equity and banking claimed five criteria plus comparable evidence. AAO found published material and comparable evidence (display) criteria met, satisfying the three-criterion threshold. However, on final merits, petitioner failed to demonstrate sustained acclaim or position among the small percentage at the very top of his field, so appeal was dismissed.

Supply chain management researcher self-petitioned for EB-2 national interest waiver. Service center denied waiver despite advanced degree qualification. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States.

A management analyst with advanced degree claims NIW for small business closure reduction consultancy in underserved areas. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance; evidence on field importance does not demonstrate specific endeavor's broader implications.

Chief executive seeks extraordinary ability classification. Claimed judging, awards, and leading role criteria. AAO found awards not for field excellence, judging lacked corroboration, and critical role unestablished. Fewer than three criteria met; appeal dismissed.

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

A leadership and organization development specialist sought EB-1A classification. SCOPS denied based on field determination, not evidentiary criteria analysis. The AAO remanded, finding the occupation falls within business and requiring proper evaluation of seven claimed criteria under the correct regulatory framework.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

A business executive planning a digital data analysis services company sought EB-1A extraordinary ability classification. The AAO found the applicant failed to establish three of ten initial criteria. Membership claims lacked evidence that the associations required outstanding achievements judged by recognized experts. The appeal was dismissed without reaching final merits.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

A business executive in the pomegranate industry filed motions to reopen and reconsider an EB-1A extraordinary ability appeal. The AAO dismissed both motions, finding no new facts warranting reopening and no incorrect application of law or policy in the prior dismissal.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.