Published AAO appeal decisions

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Research scientist with master's degree in electrical and computer engineering proposed to advance privacy-preserving IoT technology. AAO found the endeavor had substantial merit and national importance but concluded petitioner lacks concrete steps toward employment or demonstrated feasibility, failing the second Dhanasar prong.

Squash coach who competed as junior player claimed four evidentiary criteria on appeal. AAO found only membership and critical role met, with one criterion established on appeal. Final merits determination found insufficient evidence of sustained national or international acclaim or status among very top of field.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

A professor seeks EB-1A visa. Appeal dismissed because petitioner satisfied only one of required three initial evidentiary criteria. Published material and artistic display criteria were not demonstrated; leading role criterion was not reached. Petitioner lacks evidence of sustained national or international acclaim.

Entrepreneur and fitness trainer seeking EB-2 with national interest waiver to lead corporate wellness company optimizing employer fitness programs. AAO dismissed because proposed endeavor lacks national importance; business projections and HUBZone location do not demonstrate broader economic impact or field implications.

IT professional petitioner sought NIW for proposed cybersecurity consulting and training company. AAO affirmed SCOPS denial, finding petitioner failed Dhanasar first prong: national importance lacks evidentiary support. Twelve-employee projection, general industry talent shortage, and letters insufficient to show substantial prospective impact. Second and third prongs reserved.

A robotics educator seeks EB-2 classification to develop a STEM education model teaching applied robotics to vulnerable youth. AAO held the petitioner failed to meet exceptional ability requirements, satisfying only two of ten criteria, and did not reach the national interest waiver analysis.

Communication engineer sought EB-1A extraordinary ability classification. AAO affirmed that petitioner met at least three evidentiary criteria but dismissed appeal, finding totality of evidence does not demonstrate sustained acclaim or rise to very top of field.

Legal educator seeks EB-1A extraordinary ability classification. Claimed four criteria including membership and scholarly articles. AAO found membership criterion not met, treated published material and judging as abandoned through failure to respond to RFE, and determined aggregate evidence fails to show sustained national or international acclaim required for classification.

A management and financial analyst sought an EB-2 national interest waiver for a business venture. The AAO dismissed her second motion to reopen and reconsider because she submitted no new facts or evidence, and her contentions reasserted already-rejected arguments without establishing legal or policy error in prior decisions.

Digital marketing consultant and entrepreneur seeks EB-2 national interest waiver for AI-based SME platform. Applicant claimed substantial merit and national importance; AAO found proposed endeavor had merit but lacked demonstrated national importance because evidence did not show significant employment potential, substantial economic impact, or broader industry implications beyond applicant's business.

A logistics entrepreneur sought EB-2 NIW classification. The AAO found he qualified as advanced degree professional but lacked evidence that his proposed logistics consulting company would generate substantial economic effects reaching national importance. The AAO dismissed his appeal without addressing remaining Dhanasar prongs.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

Business and marketing professional seeking NIW as EB-2. Motions submitted articles on small business economic importance and job-creation multipliers. AAO held first prong failed because industry importance differs from specific endeavor importance; claimed job creation projections lack foundation and do not reach substantial positive economic effects.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

An entrepreneur and business consultant seeking EB-2 with NIW to establish a global business strategy and financial advisory firm claimed alignment with national priorities and job creation potential. The AAO found insufficient evidence that the endeavor would have broader implications or national importance beyond its clients.

An accountant with an advanced degree sought EB-2 NIW for his accounting firm business. The AAO found the proposed endeavor lacked national importance; his business plan projections and claims of alignment with government economic initiatives did not show impact beyond his individual clients at a level constituting national importance.

Operational manager seeking NIW for small business consulting endeavor focused on sustainable economic growth. Claimed national importance through alignment with government priorities and job creation projections. AAO dismissed because specific endeavor lacks demonstrated national importance; general alignment with national objectives and unsupported employment projections insufficient.

An entrepreneur sought EB-2 NIW to establish a sustainable tourism consulting firm for small and medium-sized tourism businesses. The AAO dismissed, finding the proposed endeavor has substantial merit but rejecting claims of national importance, noting the petitioner confused industry importance with endeavor-specific impact.

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

Software engineer with master's degree seeking NIW for cybersecurity work. AAO affirmed SCOPS finding that proposed endeavor lacks national importance under Dhanasar first prong because work limited to employer, not advancing broader industry. Appeal dismissed without reaching second and third prongs.

CEO and trucking-logistics company owner claimed national interest waiver for EB-2. Service center found advanced degree qualification but denied waiver; AAO dismissed appeal, holding proposed endeavor lacks national importance under Dhanasar first prong because revenue data and job projections do not demonstrate substantial regional or national economic effects.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.