Published AAO appeal decisions

Radio station and social media entrepreneur sought EB-1A extraordinary ability classification. Petitioner claimed eight criteria; service center found three met but concluded lack of sustained national or international acclaim and top-tier recognition. AAO affirmed dismissal, finding awards lacked significance and overall evidence insufficient for extraordinary ability standard.

A principal scientist in chemistry claimed five criteria but satisfied only two. The AAO found published material did not meet regulatory requirements and citation metrics alone do not demonstrate contributions of major significance. Appeal dismissed for failing to establish three qualifying criteria.

A machine learning scientist with a U.S. PhD in computational biosciences sought EB-2 NIW classification for developing bioinformatics algorithms and predictive models for disease detection and precision medicine. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance and the petitioner was not well positioned to advance it without demonstrating broader impact or employer approval for external research dissemination.

A research and development engineer in textile materials science sought a national interest waiver for work on durable protective textiles. The AAO agreed the endeavor has merit and national importance but dismissed the appeal because education, publications, citations and letters did not show he was well positioned to advance it; the balancing prong was reserved.

An entrepreneur in civil engineering with a Brazilian engineering degree sought EB-2 classification with a national interest waiver for a construction management company focusing on infrastructure modernization and sustainability. The AAO dismissed because the petitioner did not demonstrate that her specific endeavor would have substantial national importance beyond general industry benefits.

A CEO self-petitioned for EB-1A. Met three criteria including awards, articles, and leadership role. AAO dismissed because final merits analysis showed insufficient sustained national or international acclaim for extraordinary ability despite meeting evidentiary threshold.

Accounting and tax consultant sought EB-1A extraordinary ability classification. She met one of ten criteria in initial review. The AAO dismissed successive motions to reopen and reconsider because they lacked new facts or documentary evidence not already considered, and did not address the underlying merits.

An actor in television and films sought EB-1A extraordinary ability classification. He claimed five criteria including published material and commercial success. The AAO found only one criterion met and dismissed the appeal, finding insufficient evidence of national or international acclaim at the very top of the field.

A petitioner seeking EB-2 classification with a national interest waiver brought a further motion to reconsider after repeated dismissals. The AAO dismissed it as moot because the petitioner had since received an approved immigrant petition and become a permanent resident, so the Dhanasar prongs were not analyzed.

Event planner sought EB-2 with national interest waiver for a consultancy firm in event planning and training. The AAO dismissed the appeal, finding the petitioner failed to establish national importance; the business impact was limited to the company and its clients with no demonstrated industry-wide influence or substantial economic effect.

Music director sought EB-1A extraordinary ability. On motion, claimed awards and judging participation without supporting evidence. AAO dismissed finding Latin Grammy participation certificate did not constitute a prize or award in musical director field and judging claims lacked corroboration.

An entrepreneur in STEM education proposed to establish a coding academy for underrepresented groups. The AAO found the endeavor has substantial merit but lacks national importance as a specific undertaking, and dismissed the appeal without addressing remaining Dhanasar prongs.

An epidemiologist sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of ten criteria and lacked sufficient documentation of sustained national or international acclaim placing him among the very top of his field.

Digital marketing and computer vision entrepreneur self-petitioned for EB-1A extraordinary ability. Claimed five evidentiary criteria but met only one regarding published articles. AAO withdrew SCOPS salary finding and affirmed that petitioner failed three-criterion threshold for immigrant visa eligibility.

Entrepreneur seeks national interest waiver for EB-2 classification but lacks required advanced degree or proven exceptional ability. AAO held she failed to establish advanced degree eligibility and that her proposed endeavor lacks national importance; serves underserved clients but lacks broader field impact, accomplishments, or demonstrated track record.

A senior research scientist with a PhD sought national interest waiver for EB-2 classification in artificial intelligence and privacy technology. The AAO dismissed the appeal, finding the proposed research lacked demonstrated national importance under Dhanasar's first prong despite the field's merit and importance.

Clinical trials specialist sought NIW for EB-2 to increase ethnic minority participation in drug development. AAO affirmed denial, finding the proposed seven-person business lacked sufficient national importance in healthcare or economy despite furthering a valid national goal of eliminating health disparities.

A rock climber sought EB-1A extraordinary ability classification. The petitioner claimed membership, published material, and judging criteria but failed to meet any. The AAO affirmed dismissal, finding she did not establish the three criteria required and did not demonstrate sustained national or international acclaim or a position among the very top.

Physical chemist seeks NIW for research on surface science machines and heterogeneous catalysis for clean energy. Substantial merit established but national importance not demonstrated. Petitioner presented general field importance and air quality statistics but failed to show specific prospective impact of proposed endeavor. Appeal dismissed.

A modeling student petitioner claimed four EB-1A criteria but failed to provide properly certified translations of foreign language documents supporting awards, membership, and judging claims. The AAO affirmed dismissal because none of the criteria were sufficiently established, falling short of the required three.

Actuarial associate sought EB-2 with national interest waiver to provide AI and machine learning solutions improving pension program solvency for public servants. The AAO dismissed, holding the petitioner failed to demonstrate the proposed endeavor has national importance; letters of support and general field importance do not establish the specific endeavor's broader implications.

Aerospace engineer and robotics researcher sought EB-2 with national interest waiver to research autonomous decision-making algorithms. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to show he was well positioned to advance the research through publications with minimal citations and insufficient evidence of research impact.

A senior lead consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the petitioner met only one of the needed three exceptional ability criteria, with salary and recognition evidence insufficient. It therefore did not reach the waiver analysis under the Dhanasar framework.

A business legal consultant self-petitioned for EB-1A extraordinary ability. She claimed eight criteria but the AAO found she did not meet the minimum three evidentiary criteria and lacked sustained national or international acclaim or a place among the small percentage at the top of her field.