Published AAO appeal decisions

Figure skating choreographer and coach sought EB-1A extraordinary ability classification. She claimed seven criteria including membership, published material, scholarly articles and exhibitions. AAO held she met only judging criterion and failed to meet three-criterion threshold because membership lacked documentation, publications lacked translation compliance and scholarly article was not in qualifying venue.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.

Information technology project manager seeking EB-2 with national interest waiver. Petitioner founded consulting company after petition filing based on client solicitations. AAO found proposed endeavor lacks sufficient specificity and national importance; STEM field designation alone does not establish required impact in information technology project management.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

A photographer and business owner from Brazil claimed extraordinary ability through seven criteria. The AAO found two criteria met: published material and exhibition display. However, the petitioner failed to establish three qualifying criteria and lacks sustained national or international acclaim required for the classification.

Personnel management consultant in Russian-speaking countries claimed five criteria under EB-1A. AAO dismissed appeal, finding no major award and no satisfaction of three required criteria. Evidence lacked specificity, objectivity, and documentation; petitioner showed no sustained national or international acclaim.

Network communications professional claimed eight criteria for extraordinary ability. Director found two criteria met. Petitioner on appeal reasserted three additional criteria on appeal but failed to overcome deficiencies in evidence or explain how Director erred. AAO held petitioner did not meet the extra criteria and lacked sustained acclaim for top-of-field status.

Entrepreneur in finance field sought EB-2 classification with national interest waiver. AAO dismissed because petitioner did not establish underlying eligibility as advanced degree professional or person of exceptional ability; proposed endeavor was vaguely described.

Photographer sought EB-1A extraordinary ability. Claimed four criteria: awards, published material, exhibitions, and critical role. AAO rejected all four findings; none met regulatory requirements. No sustained acclaim established.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

Fashion designer sought extraordinary ability classification claiming six criteria including awards, membership, and scholarly articles. AAO found only one criterion met (judging) and upheld dismissal. Petitioner failed to establish three-criterion threshold and lacked evidence of sustained national or international acclaim required for EB-1A.

An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.

A banker sought EB-2 classification with national interest waiver for financial advisory work. The AAO found the petitioner failed to establish the first Dhanasar prong by providing only vague possibilities rather than a specific, detailed endeavor with national importance, and failed the second prong.

A financial operations professional seeks NIW for EB-2. AAO reversed the initial denial of EB-2 qualification based on foreign degree equivalent but dismissed appeal because her proposed endeavor—establishing a financial consulting firm—lacked national importance; benefits would be limited to her own business and clients, not impact the field broadly.

Chief financial officer and self-petitioner sought NIW for EB-2 classification for proposed financial consulting company. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor; business plan lacked credible evidence of substantial positive economic effects, job creation locations, or field-wide impact.

Mixed martial arts athlete seeks extraordinary ability classification. Petitioner claimed three criteria but failed to establish any definitively; Director found no major award and denied membership, and AAO affirmed membership finding insufficient. Appeal dismissed; insufficient criteria met and no sustained international acclaim demonstrated.

Fashion designer met only two criteria (judging, exhibitions) and failed three-criterion threshold. AAO dismissed appeal finding insufficient evidence that Mara de Oro Award or Venezuelan publications qualified as nationally or internationally recognized, and that petitioner lacked sustained national or international acclaim required.

Electronic engineering technician claimed exceptional ability and national interest waiver. AAO held petitioner established no exceptional ability criteria and failed to meet minimum three-criterion threshold for EB-2, making national interest waiver analysis unnecessary.

Folk and classical singer from Armenia claimed eight criteria beyond those Director found met. AAO affirmed Director's finding of two criteria met but found petitioner failed to establish three criteria total required. Final merits analysis concluded no sustained national or international acclaim demonstrating top-tier status.

Armenian pop and folk musician sought EB-1A extraordinary ability classification. AAO affirmed dismissal, finding petitioner met only two of ten criteria (awards and artistic display) but needed three, and did not demonstrate sustained national acclaim or place at top of field.

Statistician with twenty years experience seeking NIW for advanced degree EB-2 in data science and market research. AAO dismissed appeal, finding proposed work lacks projected economic impact or job creation sufficient to establish national importance under Dhanasar first prong.

A petitioner seeking extraordinary ability classification, whose occupation is not described, was denied by the service center for lacking a major internationally recognized award and for not meeting the regulatory criteria. The AAO dismissed the appeal as improperly filed because counsel signed the petitioner's portion of the notice of appeal, so the merits were not reached.

A pilot seeks EB-2 national interest waiver claiming his work would address aviation industry pilot shortage. The AAO dismissed the appeal because the petitioner failed to clearly define his specific proposed endeavor and lacked sufficient evidence of substantial merit and national importance.

Educational researcher self-petitioner with advanced degree claimed national interest waiver for research in gifted education and cram schools. AAO affirmed denial because proposed endeavor lacks clear definition and specific prospective impact; field importance alone insufficient.

Self-employed petroleum geologist with twelve years experience seeks EB-2 NIW. Director found advanced degree qualification but denied NIW. AAO upheld denial on first Dhanasar prong, finding proposed endeavor lacks specific description and national importance; withdrew Director's finding of national importance.