Published AAO appeal decisions

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

A martial arts competitor and coach sought EB-1A classification. The AAO found he did not meet the initial evidence threshold of a major award or three evidentiary criteria. Awards lacked demonstrated national or international recognition, and published material related to his work as a player rather than coach. The petition was dismissed.

Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.

A chemical engineer sought EB-2 classification with national interest waiver. The AAO found the petitioner did not establish eligibility for the underlying EB-2 advanced degree or exceptional ability classification because the record lacked evidence of requisite academic credentials and progressive employment experience, making the waiver issue moot.

Entrepreneur with environmental sustainability focus seeks NIW under exceptional ability classification. Proposed business combines recycling with farm consulting services. AAO dismissed appeal, finding the endeavor lacked sufficient specificity, detail, and evidence of national importance; inconsistencies in proposal unaddressed.

A medical consultant and former hospital department director in China claimed extraordinary ability through publications, citations, and peer review. The AAO found she met only two of ten criteria and dismissed the appeal, concluding her work did not demonstrate the sustained national or international acclaim required for extraordinary ability classification.

A general manager with an advanced degree sought an EB-2 national interest waiver for a business consulting venture in mergers, acquisitions, and foreign direct investment. The AAO found the proposed endeavor lacked national importance despite stated job creation intentions, as evidence showed limited prospective impact beyond immediate clientele.

Nursing coordinator sought EB-2 national interest waiver. Petitioner claimed expertise in nursing coordination and healthcare management benefiting hospitals and patients. AAO found the specific endeavor lacked national importance, affecting only the employer and patients, not the broader field or economy as required.

A surgical ophthalmologist sought extraordinary ability classification, initially claiming seven criteria. The director accepted judging and scholarly articles. The AAO agreed on judging, found the award and original contributions claims unproven, treated membership and salary as waived, and concluded the evidence did not show sustained acclaim, dismissing the appeal.

Marketing management specialist sought national interest waiver for EB-2 classification. Petitioner initially proposed marketing manager position but changed proposed endeavor to social media marketing company CEO in RFE response without explanation. Appeal dismissed because material changes to proposed endeavor prevented analysis of Dhanasar framework.

Doctoral student research scientist in robotics sought extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal because original contributions criterion unsatisfied; limited citations and letters lacking specificity did not demonstrate work was regarded as major significance or that petitioner achieved sustained national or international acclaim.

Finance executive in oil and gas industry seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO agreed her proposed work has substantial merit and she is well positioned to advance it, but found the endeavor lacks national importance: her financial management work would benefit only her employer, not the broader industry. Appeal dismissed.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

A post-doctoral research associate in entomology sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks sufficient specificity and documented broader impact; prior publication citations and speaking engagements do not establish that future teaching, mentoring, and research would impact the field nationally rather than only serve local students and institutions.

Ecology thought leader and activist claimed extraordinary ability through published material, original contributions, and leading critical role. AAO found published material criterion not met due to translation issues and publications not qualifying as major media. Without three criteria met, petitioner failed initial evidence requirement and lacked demonstrated sustained acclaim.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore not reached.

Civil engineer with two master's degrees sought EB-2 national interest waiver for proposed construction consulting work. Qualifies as advanced degree holder but failed to establish national importance of endeavor. Petitioner showed only localized client benefits without broader field advancement or significant economic impact.

Athlete sought NIW for EB-2 as exceptional ability professional. Petitioner claimed national team membership, awards, and competition history. AAO dismissed because petitioner failed to meet underlying EB-2 eligibility criteria (did not satisfy three of six exceptional ability criteria). Dhanasar prongs reserved as analysis unnecessary without qualifying basis.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

A cardiovascular diseases fellow sought extraordinary ability classification. He met judging and scholarly articles criteria but failed to establish three criteria minimum. His original contributions lacked demonstrated major significance despite publications and citations; his leading role claims lacked specificity. Appeal dismissed for insufficient evidence of top-tier acclaim.

Journeyman power lineman claimed exceptional ability and national interest waiver under EB-2. AAO found petitioner met only one of six exceptional ability criteria; lacked official academic records from qualifying institutions and failed to meet salary or recognition standards.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.