Published AAO appeal decisions

Self-petitioner HVAC technician seeks national interest waiver claiming advanced degree or exceptional ability status. AAO held petitioner failed to establish EB-2 eligibility; did not meet advanced degree requirements and failed exceptional ability criteria, thus ineligible for NIW and reserved Dhanasar analysis.

An exercise trainer and group fitness instructor seeks NIW status for a fitness center business addressing obesity. The AAO found substantial merit but rejected national importance because benefits would not extend beyond individual clients to impact the fitness industry or economy broadly.

Nurse auditor seeking EB-2 NIW. AAO affirmed director's finding that petitioner failed to establish endeavor's national importance; industry articles addressing occupational health importance generally, not petitioner's specific proposed endeavor, were insufficient.

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

An automotive technician sought a national interest waiver with EB-2 exceptional ability classification. The AAO held that the academic record was only a general high school certificate unrelated to automotive technology, and that recommendation letters showed no significant recognition. With fewer than three criteria met, it reserved the waiver analysis and dismissed the appeal.

Lawyer with advanced degree sought NIW for EB-2 classification. Petitioner proposed using legal expertise to improve operations and profitability. AAO dismissed because working in an important field is insufficient; proposed endeavor lacked specificity and evidence of national or global implications within legal field.

Dentist with advanced degree sought EB-2 NIW for oral surgery and instruction work. AAO held the endeavor lacks national importance; while instructional work has substantial merit, it does not extend beyond individual trainees to impact dentistry field, public health, or the economy.

Soccer coach seeking NIW claiming exceptional ability and national importance of coaching services. AAO dismissed because petitioner failed to meet EB-2 exceptional ability requirement (satisfied only one of six criteria) and proposed coaching endeavor lacks national impact beyond specific employers and students served.

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

An operations manager sought EB-2 classification with national interest waiver as either advanced degree professional or person of exceptional ability. The AAO dismissed the appeal because the petitioner abandoned the threshold issue of qualifying for the underlying EB-2 classification, declining to reach the Dhanasar framework.

A marketing consultant seeks NIW status to operate a digital and traditional marketing agency serving small and medium-sized businesses. The AAO acknowledged substantial merit but found the business plan insufficient to demonstrate national importance because benefits would not extend beyond individual client companies to impact the marketing industry.

An aromatherapist seeking EB-1A extraordinary ability classification claimed six criteria. The AAO found she did not meet the three-criterion minimum. The decision concluded her work does not demonstrate sustained national or international acclaim required for this highly restrictive classification.

Personal grooming industry entrepreneur sought EB-2 classification and NIW. AAO found petitioner categorically ineligible for EB-2 as advanced degree professional and failed to meet three exceptional ability criteria. Regarding NIW, substantial merit was found but national importance was not; endeavor lacked broader implications beyond individual barbershop business.

A cybersecurity interaction designer sought EB-1A extraordinary ability classification. He claimed original contributions and other criteria. The AAO found he met only two criteria (leading role and high salary), falling short of the three required. His design work lacked demonstrated major significance beyond employer products, and he failed to establish sustained acclaim for the classification.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.

Choreographer seeking EB-1A extraordinary ability classification in arts. Petitioner submitted evidence of exhibitions and claimed six additional criteria. AAO found only exhibitions criterion met; awards, membership, published material, and original contributions not established; appeal dismissed.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

A Bangladeshi writer claimed extraordinary ability under EB-1A, asserting six regulatory criteria including awards, membership, published material, judging, and exhibitions. The AAO dismissed the appeal after finding willful misrepresentation of material facts through falsified news articles and determining the petitioner did not meet the required three criteria.