Published AAO appeal decisions

Entrepreneur with twenty years accounting and finance experience in pharmaceutical industry seeking EB-1A extraordinary ability in business. AAO held only two of ten criteria met; three-criterion threshold not satisfied; no major award or exceptional recognition; appeal dismissed.

Athletic trainer seeking EB-2 with NIW for physical rehabilitation services. AAO held petitioner qualified for advanced degree classification but proposed endeavor lacks national importance; specific services limited to individual clients without broader economic or field-wide impact. Appeal dismissed.

Software quality assurance engineer seeking EB-2 with NIW. AAO held proposed IT endeavor lacks national importance; merely working in STEM field without demonstrating specific technology advancement or broader impact insufficient. Appeal dismissed.

A cybersecurity professional sought EB-2 advanced degree classification with NIW for operating his own CISO consulting business. The AAO found the endeavor had substantial merit but lacked national importance, as it would benefit only specific clients without broader economic or industry impact.

An international legal consultant sought EB-2 advanced degree classification with NIW. The AAO agreed petitioner qualified as advanced degree professional but found the consulting endeavor lacked national importance, having only local/regional impact without broader field implications.

Self-employed financial specialist seeks NIW for EB-2. Petitioner claimed work in financial services has national importance and proposed training managers. AAO dismissed appeal, finding no evidence the specific endeavor has national or global implications, broader implications, or substantial positive economic effects beyond direct clients.

A business administrator seeks an NIW for EB-2 classification. She claimed the proposed endeavor of providing business administration services has national importance. The AAO found substantial merit but dismissed because the specific endeavor lacks national importance; evidence addressed only general importance of business administration, not its specific prospective impact.

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

Fashion designer sought EB-1A extraordinary ability classification. Petitioner claimed four criteria beyond the one (exhibitions) the director conceded. AAO found petitioner met only one criterion, falling short of three required, and held overall record does not demonstrate sustained national or international acclaim or placement among top of field.

A foreign language teacher and entrepreneur proposed a company offering foreign language classes and specialized education services, claiming forty years experience and job creation. The AAO held the endeavor lacks national importance because it does not extend beyond the company and clientele to impact the field broadly, failing the first Dhanasar prong.

A pediatrician intending to work as a registered nurse in the U.S. sought EB-2 NIW classification, claiming she would improve healthcare for Latin populations in areas with nursing shortages. The AAO dismissed the appeal, finding her direct patient care lacked national importance and broader field impact despite substantial merit.

An investment associate in clean energy sought EB-2 NIW. Qualified as advanced degree professional. Endeavor has substantial merit but lacks national importance; no evidence of projected U.S. job creation or substantial economic effects from her specific investment consulting services.

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.

A dental professional seeking EB-2 with NIW submitted evidence of dental care shortages and professional publications. The AAO upheld dismissal, holding the proposed endeavor lacked national importance; professional attributes and field importance do not establish the specific endeavor's prospective impact.

Entrepreneur with master's degree in business administration seeking EB-2 national interest waiver to own and operate trucking company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; business impact limited to company clients without broader industry or economy-wide effects.

Computer systems manager with advanced degree seeking EB-2 national interest waiver to establish IT consulting company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; company activities would benefit only its clients without broader implications for IT industry or significant employment impact.

Sambo and judo champion sought EB-1A extraordinary ability classification. AAO affirmed dismissal because petitioner failed to present either a major international award or three qualifying criteria; record did not demonstrate sustained national or international acclaim requisite for the classification.

Engineer initially, later claiming sales operations consulting proposed endeavor, sought EB-2 advanced degree and NIW. AAO dismissed appeal; petitioner failed to demonstrate he is well positioned to advance the proposed endeavor, which also fundamentally changed from engineering to sales consulting between petition filing and appeal.

Physical therapist with advanced degree sought EB-2 and NIW for proposed U.S. employment. AAO dismissed appeal because petitioner failed to establish national importance; treating individual patients at one facility without demonstrated field advances lacks requisite national impact despite substantive merit.

An assistant professor of computer science sought EB-1A classification. The AAO found he met only the scholarly articles criterion, not the required three criteria, and lacked sustained national or international acclaim demonstrating extraordinary ability at the top of his field, dismissing the appeal.

A graphic designer seeking to open his own design business filed for NIW. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field broadly or provide substantial economic effects beyond serving clients and employees, dismissing the appeal.

Machine learning researcher with Ph.D. seeking NIW for EB-2 classification. Proposed algorithms and system optimization research. AAO held first prong met but petitioner failed second prong; education alone insufficient; lacked evidence of significant grant leadership, documented field impact, or sustained industry interest.

Self-employed entrepreneur proposing pet sitting, boarding, and dog walking services sought NIW under EB-2. AAO found the petitioner qualified as advanced degree professional but dismissed the appeal because the proposed endeavor lacks national importance, benefiting only a narrow customer base rather than the nation broadly.

Self-petitioner health and safety engineer seeking NIW as EB-2. Claimed endeavor in occupational health and safety management has national importance. AAO held proposed endeavor lacks definitive consistent description and sufficient evidence that work would impact the field broadly or generate substantial positive economic effects nationally.

General and operations manager sought EB-2 NIW for business management services. AAO affirmed denial, finding proposed endeavor lacked national importance despite job creation projections. Teaching and training activities would not impact field broadly beyond direct participants.