Published AAO appeal decisions

A vaccine industry executive with law and business degrees sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding he met three criteria: leading critical role, high salary, and original contributions, and demonstrating sustained international acclaim placing him among the very top in his field.

An executive for a news organization in China petitioned for EB-1A extraordinary ability classification. She claimed four criteria: published material, judging, scholarly articles, and leading roles. The AAO found three criteria met but determined the totality of evidence failed the final merits test for sustained acclaim at the very top of the field, dismissing the appeal.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.

HR specialist with advanced degree seeking NIW for startup providing tech-enabled HR services to small businesses. AAO dismissed appeal, finding endeavor has substantial merit but lacks demonstrated national importance; projections of indirect job creation insufficient without specifics on location or type.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

Business systems analyst claimed eight criteria for EB-1A extraordinary ability. AAO found she met at least three criteria at step one but lacked sustained national or international acclaim and recognition of extraordinary ability at the merits stage, dismissing the appeal.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

A business development manager seeks EB-1A visa. Appeal dismissed because AAO withdrew service center's findings on three of four criteria met, leaving only one satisfied criterion. Evidence lacks documentation of national or international acclaim or top-tier standing in field.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

A strategic operations lead with advanced degree claimed six criteria for EB-1A extraordinary ability. Employer-sponsored petition. USCIS found three criteria met, but AAO affirmed denial on final merits, finding insufficient evidence of sustained acclaim and top-tier status despite met threshold criteria.

A CEO self-petitioned for EB-1A. Met three criteria including awards, articles, and leadership role. AAO dismissed because final merits analysis showed insufficient sustained national or international acclaim for extraordinary ability despite meeting evidentiary threshold.

Event planner sought EB-2 with national interest waiver for a consultancy firm in event planning and training. The AAO dismissed the appeal, finding the petitioner failed to establish national importance; the business impact was limited to the company and its clients with no demonstrated industry-wide influence or substantial economic effect.

A senior lead consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the petitioner met only one of the needed three exceptional ability criteria, with salary and recognition evidence insufficient. It therefore did not reach the waiver analysis under the Dhanasar framework.

A business legal consultant self-petitioned for EB-1A extraordinary ability. She claimed eight criteria but the AAO found she did not meet the minimum three evidentiary criteria and lacked sustained national or international acclaim or a place among the small percentage at the top of her field.

Petitioner seeks NIW as EB-2 member with advanced degree, proposing to provide real estate consulting services through his company. SCOPS found substantial merit but denied national importance and waiver. AAO upheld dismissal, finding petitioner failed to demonstrate broader field or economic impact rising to national importance level.

Aging services manager with recent advanced degree seeks EB-2 NIW to advance elder care nationally. AAO dismissed because petitioner failed to establish that proposed endeavor has national importance or that she is well-positioned to advance it; lacks innovation evidence, customer interest, or realized progress.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

A public diplomacy professional claimed seven extraordinary ability criteria but met only membership. AAO dismissed the appeal, finding petitioner satisfied only one initial criterion and did not reach final merits, as threshold requirements were not met.

Advanced degree professional in aviation safety sought NIW for endeavor providing safety training and consultancy to airlines. AAO found no demonstrated national importance: articles on aviation safety importance insufficient; petitioner failed to show specific endeavor methods would have national implications or create substantial U.S. economic impact. Appeal dismissed.

Pharmacist seeking extraordinary ability classification in business based on plan to launch online pharmaceutical safety company. AAO found three criteria met but concluded totality of record lacks sustained national or international acclaim or evidence of top-tier status required for EB-1A.

A self-petitioning business owner sought a national interest waiver with EB-2 classification. After the denial, appeal and earlier motions were dismissed, she filed a motion to reopen. The AAO dismissed it because it offered no new facts backed by documents addressing the prior dismissal, and the merits of the waiver were not reached.

Entrepreneur in teambuilding and business development sought EB-2 NIW to establish consulting firm. AAO found endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate prospective impact extending beyond individual consulting services to show substantial economic effects or broader field implications.

Labor relations expert and entrepreneur seeks EB-2 with national interest waiver for consulting firm. AAO found substantial merit but no national importance because impact limited to individual client organizations, not broader field or economy. Appeal dismissed on first Dhanasar prong.

Food processing business manager and co-founder seeks EB-1A extraordinary ability classification. Claimed multiple criteria including awards, membership, published material, judging, original contributions, and exhibitions. AAO found only published material criterion met; one of three required criteria insufficient to satisfy initial evidence requirement.