Published AAO appeal decisions

An entrepreneur with 25 years of business experience sought a national interest waiver for EB-2 classification, proposing to continue work advising agribusiness companies. The AAO dismissed the appeal because the proposed endeavor lacks national importance; petitioner provided no evidence that his work would impact the industry or economy beyond specific client businesses.

A petitioner claiming exceptional ability for security management proposed a waiver. The AAO dismissed because the petitioner failed to establish the EB-2 exceptional ability classification (not meeting three of six regulatory criteria) and provided inconsistent, insufficient evidence regarding the specific proposed endeavor required for national interest waiver analysis.

Jewelry maker claims extraordinary ability in arts. Director found two criteria met; petitioner claimed four additional on appeal. AAO dismissed, rejecting membership, published material, original contributions, and scholarly articles. Record does not demonstrate sustained national or international acclaim or position among top field practitioners.

Author, motivational speaker, and leadership teacher sought NIW for EB-2 classification to conduct training and mentoring in leadership development. AAO dismissed appeal, finding proposed endeavor lacks national importance as impact limited to direct students, and petitioner failed to demonstrate positioning to advance endeavor despite advanced degrees.

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

A woman who participates in a government medical research study because she carries a particular genetic variant sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because she claimed no regulatory criteria, showed no comparable evidence, and did not show that a biological trait is an occupation. The waiver framework was not reached.

An entrepreneur seeking EB-2 classification with national interest waiver for a trucking business failed the first Dhanasar prong. The AAO found the proposed endeavor lacked demonstrated national importance despite industry relevance, as the petitioner showed no evidence the business would impact the broader freight transportation industry beyond his company's operations.

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.

Tax compliance manager with advanced degree from Venezuela seeks NIW. AAO affirmed denial, finding her continued employment with current employer lacked national importance. General industry importance insufficient; specific endeavor must show national or global implications.

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

A film and media editor sought EB-1A extraordinary ability classification. Though he met only one criterion (exhibitions), the AAO rejected awards and leading role findings due to insufficient documentation. He failed to meet the three-criterion threshold and lacked evidence of sustained national or international acclaim.

A financial manager with advanced degree seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because proposed financial management and accounting work, while of substantial merit, lacked national importance; work would benefit specific employers and clients but not impact field or industry broadly.

A computer scientist and instructor sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner qualified as advanced degree professional but failed the first Dhanasar prong because she did not present a specific proposed endeavor and her teaching activities lacked broader field impact.

Pilot with advanced degree claimed NIW based on aviation industry pilot shortage and proposed flight instruction or academy work. AAO found proposed endeavor too vague with inconsistent job ideas to determine national importance, failing first Dhanasar prong.

A research scientist filed an extraordinary ability petition that the service center denied for failing to meet three of ten criteria. On appeal, the AAO did not review the merits because the petitioner had since become a permanent resident, making the matter moot, and dismissed the appeal.

Soccer coach sought EB-1A extraordinary ability classification. AAO held although petitioner met three initial evidentiary criteria, evidence demonstrated only past national acclaim in Trinidad and Tobago with no recent materials, failing to show sustained national or international acclaim required for extraordinary ability classification.

Civil engineer qualified for EB-2 advanced degree sought national interest waiver for real estate development and construction company. AAO found his proposed endeavor lacked national importance under Dhanasar's first prong, as it would not sufficiently impact the field or economy beyond his immediate employers.

An advanced degree holder in frozen dessert production sought national interest waiver. Although the petitioner showed business growth potential and economic impact projections, the AAO found insufficient evidence that the endeavor would substantially benefit the regional or national economy or create significant U.S. employment.

Child development psychologist sought NIW under EB-2. Director found substantial merit but not national importance. AAO affirmed, finding no evidence proposed work extends beyond clients and students to impact field broadly or create substantial U.S. jobs and economic effects.

Business administrator proposed to manage early childhood education franchises in Florida. AAO found endeavor has substantial merit but lacks national importance; benefits too localized. First Dhanasar prong failed; waiver denied.

A mathematics teacher sought EB-2 classification with a national interest waiver. The petition was first approved, then revoked by the Director. The AAO dismissed the appeal because the record did not show an advanced degree equivalent or five years of progressive experience, and it reserved the Dhanasar prongs.

An entrepreneur in the culinary and restaurant field sought EB-2 exceptional ability classification with a national interest waiver. The AAO withdrew the director's findings on experience letters and professional membership and rejected the salary and recognition criteria. It dismissed the appeal and did not analyze the waiver under Dhanasar.

Aerospace technology specialist in air transportation modeling claiming extraordinary ability. Met scholarly articles and judging criteria but failed membership, original contributions, and leading role criteria. Only two of ten criteria established despite claiming four additional. Appeal dismissed for insufficient evidence of top-tier recognition.

A professional wrestler sought EB-2 exceptional ability classification with a national interest waiver. The AAO found none of the claimed evidentiary criteria satisfied, including license, membership and recognition, and no advanced degree status. Because the threshold classification failed, the waiver question was treated as moot and the appeal was dismissed.

Public relations director sought EB-1A extraordinary ability classification. She claimed six criteria including awards, membership, and original contributions. AAO held she failed to meet at least three criteria: awards were organizational not individual, and membership evidence lacked required bylaws documentation.