Published AAO appeal decisions

A tax consultant with a law degree sought EB-1A extraordinary ability classification. She claimed six criteria but met none. The AAO found her honors and publications did not meet regulatory standards and her achievements, while notable in academia, lacked the sustained national or international acclaim required for extraordinary ability.

Attorney and social responsibility expert seeks NIW for EB-2 advanced degree classification. Proposed creating business promoting family values, work-life balance, and social responsibility. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed past philanthropy but no evidence of prospective impact at national level.

A police sheriff sought national interest waiver for law enforcement or corporate security consulting work. The AAO found the petitioner does not qualify as advanced degree professional and failed to demonstrate her proposed endeavor has national importance beyond specific employers or school programs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

An attorney specializing in international dispute resolution and arbitration claimed EB-1A classification. The Director improperly dismissed the petition without analyzing evidentiary criteria, wrongly concluding attorneys fall outside extraordinary ability categories. The AAO found the petitioner's work in international arbitration falls within the business field and remanded for proper evaluation of claimed criteria.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

Legal consultant with advanced degree sought NIW. Director approved advanced degree qualification but denied NIW. AAO affirmed, finding proposed legal consulting work for Brazil–South America clients lacks national importance despite substantial merit, as it lacks broader field impact or substantial U.S. economic benefit.

International law attorney filed 15th combined motion to reopen and reconsider EB-1A denial. Motion fails procedural requirements for reopening; newly submitted evidence post-dates petition filing and does not demonstrate eligibility at time of filing. Prior dismissal affirmed across multiple motions. Motion dismissed.

A legal analyst self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, finding the proposed endeavor lacks the national importance required under Dhanasar's first prong. The work—consulting on cross-border activities—was confined to specific employers and clients without broader field implications or substantial economic effects.

Legal analyst seeking EB-2 national interest waiver claimed her consulting work on cross-border corporate matters would generate national economic benefits. AAO dismissed appeal, finding the proposed endeavor lacks sufficient prospective impact beyond her employer and clients to demonstrate national importance under Dhanasar's first prong.

Legal adviser self-petitioner sought national interest waiver for EB-2. AAO dismissed appeal, holding proposed endeavor as foreign legal consultant lacks national importance; work would benefit specific employers and Brazil-focused clients, not the legal field or U.S. economy broadly.

An IED disposal officer sought EB-2 NIW claiming expertise in security and real estate investment. The AAO dismissed because the applicant failed to specify the actual endeavor; vague references to possible government consulting or residential real estate investment lacked concrete detail needed to assess national importance.

Legal analyst and consultant seeking NIW under EB-2. Claimed substantial merit and national importance for proposed consulting business advising U.S. companies entering Latin American markets. AAO held the endeavor lacks national importance because it would not impact the field broadly, has no demonstrated substantial economic effects, and lacks evidence of significant employment or regional benefit.

Security expert sought NIW for EB-2. Service Center approved advanced degree qualification but denied NIW. AAO dismissed because petitioner failed to describe specific proposed endeavor with sufficient detail to establish substantial merit and national importance.

A counterterrorism security expert with a master's degree sought a national interest waiver for EB-2 classification. While qualified as an advanced degree holder, he failed to demonstrate that his proposed security or emergency management work had national importance or sufficient prospective impact, lacking specific details about his endeavor.

Legal consultant seeking EB-1A extraordinary ability classification. Claimed membership and original contributions in addition to scholarly articles. AAO found only two criteria met: scholarly articles met, but membership criterion withdrawn due to insufficient evidence. Original contributions lacked demonstration of significance. Overall record did not show sustained national or international acclaim or placement among field's very top.

A legal consultant self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, agreeing the proposed endeavor lacks national importance under Dhanasar's first prong. Cross-border business consulting for a specific firm and its clients did not demonstrate broader implications for the field or substantial positive economic effects.

A lawyer sought EB-1A extraordinary ability classification. The petitioner claimed five criteria and the director found one met. The AAO agreed only one criterion was satisfied and found insufficient sustained national or international acclaim at the top of the field, dismissing the appeal based on uncorroborated assertions and limited objective documentation.

An attorney specializing in environmental and energy law sought EB-2 national interest waiver. The AAO found substantial merit in the proposed endeavor but concluded the petitioner failed to establish national importance under Dhanasar's first prong; recommendation letters addressed past work rather than the specific prospective endeavor details required.

Professor and researcher in law petitioned for extraordinary ability. Director found two criteria met (judging and scholarly articles). On appeal, petitioner claimed two additional criteria (published material and original contributions), both rejected. Appeal dismissed; only two criteria met, three required. Insufficient sustained acclaim evidence.

A writer and consultant in occupational safety and mediation claimed seven criteria for extraordinary ability, later adding two more. The AAO found only judging criterion met and concluded insufficient evidence of the required acclaim for sustained national or international recognition in the field.

An international tax attorney specializing claimed six criteria but met none. The AAO found his bar association membership, published work, judging, original contributions, scholarly articles, and leading role all unmet. Lacking three criteria and evidence of sustained international acclaim, the petition was dismissed.

A polygraph examiner, researcher and instructor sought extraordinary ability classification, claiming many evidentiary criteria. The AAO found only scholarly articles and judging satisfied, rejecting awards, membership and published material. Fewer than three criteria were met, and the aggregate record did not show sustained acclaim, so the appeal was dismissed.

A self-identified social reformer seeking EB-1A classification. Claimed three criteria but met none. Awards from local charitable organizations not nationally or internationally recognized. Petition failed minimum evidentiary threshold; AAO did not reach final merits or remaining claimed criteria.

Human rights lawyer and researcher sought EB-1A classification. Claimed eight criteria; director found three met. AAO sustained appeal, finding petitioner demonstrated sustained national acclaim through dedicated career attracting high-level attention and respect, with intent to continue work benefiting the United States.