Published AAO appeal decisions

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

An economics instructor and former professor sought extraordinary ability classification, claiming scholarly articles, judging, original contributions and a leading or critical role. The AAO agreed two criteria were met but found the other two unmet because contributions lacked major significance and the organization's distinguished reputation was unproven, so the appeal was dismissed.

A mathematics lecturer proposed numerical methods research projects. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of his specific proposed research endeavors under Dhanasar's first prong, despite strong citation record.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

Amateur athlete and coach claiming extraordinary ability in athletics. Petitioner met three initial criteria but failed final merits step: lacked sustained acclaim, no competition or awards post-2017, limited media coverage, and coaching work did not demonstrate top-level achievement required for EB-1A.

Sound design and editing specialist claimed extraordinary ability under EB-1A, asserting eligibility for seven criteria. AAO found petitioner met none of the required ten criteria and dismissed the appeal, finding awards lacked national recognition and MPSE membership did not satisfy requirements.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.

Physical therapist sought EB-2 with national interest waiver. Did not qualify for underlying EB-2 classification: educational credentials did not meet professional requirements. National interest waiver analysis moot; petitioner made material changes to proposed endeavor in response to request for evidence.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.

Musical director claiming extraordinary ability under EB-1A. Petitioner claimed six criteria and a major international award. AAO found the award not established as major or internationally recognized, abandoned on appeal. None of the six claimed evidentiary criteria were satisfied. Appeal dismissed.

Doctoral student in mathematics sought EB-1A extraordinary ability classification. Petitioner met only scholarly articles criterion; did not satisfy three-criterion threshold. AAO declined to analyze original contributions claim as insufficient initial evidence. No evidence of sustained national acclaim.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Engineering project manager seeking NIW. Appeal dismissed because petitioner failed to establish eligibility for underlying EB-2 classification; credential evaluation did not comply with regulatory requirements and did not demonstrate academic equivalency of foreign education.

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.

Legal adviser self-petitioner sought national interest waiver for EB-2. AAO dismissed appeal, holding proposed endeavor as foreign legal consultant lacks national importance; work would benefit specific employers and Brazil-focused clients, not the legal field or U.S. economy broadly.

A martial arts coach sought EB-2 classification with national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor as a coach and trainer lacked sufficient evidence of substantial merit and national importance, failing the first prong of the framework.

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.

An athlete seeking NIW claimed exceptional ability through criteria including ten years full-time experience and recognition. The AAO dismissed the appeal, finding he did not meet three of six regulatory criteria for exceptional ability, thus did not qualify for underlying EB-2 classification.

A painter from Russia claimed extraordinary ability through six evidentiary criteria. The AAO affirmed that he met judging and exhibition criteria but rejected awards and published material claims. The AAO dismissed the appeal, finding insufficient evidence of national or international acclaim or top-tier status.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.

An author from Guatemala sought EB-1A extraordinary ability classification. The AAO upheld the director's finding that the petitioner met only one of ten evidentiary criteria (judging). Awards lacked national or international recognition and claimed associations do not require outstanding achievements for membership. The petitioner failed to demonstrate sustained international acclaim required for extraordinary ability.