Published AAO appeal decisions

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.

Marketing professional with Brazilian tourism experience seeks national interest waiver for EB-2. Petitioner initially proposed general marketing work, then introduced new business plan at RFE stage. AAO found impermissible material change and held original endeavor lacks national importance. Work would not impact field or economy beyond specific employer clientele.

Industrial technician seeks exceptional ability classification and NIW. AAO found petitioner did not meet initial evidentiary requirements for EB-2 exceptional ability, particularly lacking education or experience in proposed CEO role. Did not reach NIW merits.

Entrepreneur sought EB-2 exceptional ability and NIW. AAO affirmed no advanced degree, found academic record but only one of six exceptional ability criteria met, insufficient for classification threshold. NIW analysis reserved as applicant ineligible for underlying EB-2 category.

An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

An oceanographer sought EB-1A extraordinary ability classification. She met two criteria: scholarly articles and judging. The AAO found her original contributions did not show major significance and that she lacked the sustained national or international acclaim and top-tier standing required for EB-1A classification.

IT instructor with advanced degree seeks NIW for EB-2 classification to provide IT training and workforce development to reduce crime and close digital divide. AAO dismissed appeal, holding the proposed endeavor lacked national importance; teaching students does not demonstrate broader impact on IT field or substantial economic effects.

A hospitality entrepreneur and bar professional sought extraordinary ability classification, claiming eight criteria. The Director accepted two, judging and leading role. The AAO agreed on those two but found the awards criterion unmet and deemed scholarly articles waived. It concluded that three criteria were not satisfied and that sustained acclaim was not shown.

A karate athlete sought EB-1A extraordinary ability classification. The petitioner claimed awards, published material, and membership criteria. The AAO found the awards were not nationally or internationally recognized for excellence due to competition restrictions, articles lacked proper documentation, and the overall record did not evidence sustained international acclaim or top-tier standing.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

Professional baseball player in Dominican Republic claimed four criteria for EB-1A. AAO found awards and high salary met but rejected published material; membership not established. Only two criteria satisfied; three required. No sustained international acclaim shown.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

Mixed martial arts athlete claimed major international award and four additional criteria. Director found only published material criterion met. Petitioner on appeal reasserted major award and other criteria. AAO held petitioner lacked evidence of major international award recognition and original athletic contributions, failing sustained acclaim standard.

A general and operations manager sought a national interest waiver for EB-2 classification, proposing to provide expert managerial services to U.S. companies. The AAO dismissed the appeal because the specific endeavor lacks national importance; it would benefit only individual employers and clients, not the broader field or economy.

Information security specialist sought NIW under EB-2. AAO found his proposed work in IT consulting and cybersecurity has substantial merit but lacks national importance because no documentary evidence shows broader field impact beyond employer benefit. Appeal dismissed.

A professor sought EB-1A classification based on extraordinary ability. She claimed three criteria: judging, scholarly articles, and critical role. The AAO found two criteria met but required three, and the record lacked evidence of national or international acclaim required for the classification.

Civil and mechanical engineer in transportation specialization claims national interest waiver for university research endeavor. AAO found insufficient detail regarding national importance; grant funding and projects postdated filing; no evidence of broad field implications beyond local academic work. Appeal dismissed.

Education administrator sought EB-2 exceptional ability and NIW. AAO found two-year degree not equivalent to US bachelor's, insufficient post-baccalaureate experience, non-credible work hour claims, and satisfied only one of six exceptional ability criteria, thus ineligible for underlying classification.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.