Published AAO appeal decisions

A petitioner seeks EB-2 NIW to operate a Florida-based financial literacy education company for K-12 schools. Petitioner established advanced degree eligibility but failed to demonstrate national importance despite general significance of financial education field and modest projected job creation.

Mathematics teacher seeking EB-2 with national interest waiver. Petitioner claimed her work addresses STEM teacher shortages and supports educational priorities. AAO found the specific proposed endeavor lacks national importance because its impact remains confined to her students and employer, not extending to the education field broadly.

Urban planner sought NIW under EB-2 to start consulting company for sustainable modular housing and disaster relief. AAO found substantial merit but dismissed because petitioner did not establish national importance, failing to show how his services would impact the industry beyond local scope.

Marketing and communications strategist seeking EB-1A for extraordinary ability. Claimed published material, scholarly articles, and exhibitions criteria. AAO found all three criteria unmet: publications lacked proper documentation and publication venue verification; scholarly articles insufficient under professional publication requirement; panel participation did not constitute artistic display.

Dentist and prosthodontist sought EB-1A extraordinary ability classification. Service center found three evidentiary criteria met but no sustained national or international acclaim. AAO affirmed, finding memberships and judging experience insufficient to show career of acclaimed work or placement among the very top of the field.

An airline pilot sought EB-2 classification with a national interest waiver to work as a pilot and ground instructor. The AAO dismissed the appeal because the petitioner failed to establish that his proposed endeavor addressing pilot shortage had substantial merit or national importance; support letters remained too vague about prospective impact.

A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Business management and marketing specialist with master's degree in MBA sought EB-2 NIW for substance abuse prevention consulting company. SCOPS approved advanced degree qualification. AAO found services did not extend beyond individual clients to impact field broadly, lacked innovation, and insufficient job creation or economic benefit.

A real estate and urban development entrepreneur sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, finding fewer than three of the six regulatory criteria met, and reserved the final merits and Dhanasar questions as unnecessary to decide.

Information technology project manager claimed extraordinary ability in business. AAO affirmed denial because petitioner failed to meet three of ten criteria and showed no major award; lacks sustained acclaim or recognition consistent with top of field.

A basketball player self-petitioned for EB-1A extraordinary ability classification. The AAO found he neither received a major internationally recognized award nor met three of ten evidentiary criteria. Dismissal affirmed because petitioner failed to demonstrate the sustained national or international acclaim required for EB-1A classification.

Research professor proposed STEM research endeavor and sought national interest waiver as self-petitioner. AAO found endeavor has national importance and beneficiary well positioned, but dismissed appeal because urgency of national interest insufficient to justify waiving labor certification requirement.

Mixed martial arts competitor claimed four criteria for extraordinary ability but satisfied only published material. Failed to meet three-criterion threshold. AAO held insufficient evidence of major awards, qualifying memberships, or judging participation, and that aggregate record does not demonstrate sustained acclaim or top-tier status required.

A medical researcher in microbiology and parasitology sought EB-1A extraordinary ability classification. The petitioner claimed four criteria. The AAO found original contributions and leading/critical role not met due to insufficient evidence of major field-wide significance and distinguished role. Appeal dismissed for failure to meet the three-criterion threshold.

A tattoo artist claimed extraordinary ability under EB-1A. The AAO found he did not meet three of ten criteria including awards, membership, and judging. The AAO dismissed the appeal because the petitioner lacks sustained national or international acclaim required for the highly restrictive classification.

Entrepreneur and financial expert sought EB-2 NIW for business valuation and marketing venture. AAO held proposed endeavor, though addressing retirement and economic growth, lacks national importance; unsupported assertions and lack of specific prospective impact failed Dhanasar prong one.

Lawyer with advanced degree sought EB-2 national interest waiver for renewable energy law practice. Director found substantial merit but denied national importance; AAO affirmed. Petitioner conflated importance of renewable energy field with importance of his specific proposed legal services. Lacked objective corroborating evidence of national impact. First prong failed; second and third prongs not reached. Dismissed.

Elementary school teacher sought EB-1A extraordinary ability classification. Claimed original contributions, scholarly articles, and high salary. AAO found only scholarly articles criterion met, falling short of the three required to proceed to final merits determination. Appeal dismissed.

Financial planner and analyst sought NIW with advanced degree. Proposed company providing financial planning to small and medium-sized businesses. AAO found endeavor substantially meritorious but lacking national importance; benefits confined to direct clients without broader field or economic implications required by Dhanasar. Second and third prongs reserved.

A journalist with a master's degree sought EB-2 classification with a national interest waiver to establish an institute on U.S.-European relations and countering disinformation. The AAO dismissed the appeal, finding the petitioner failed to meet the third Dhanasar prong: while U.S. would benefit from contributions, the petitioner did not show impracticality of securing a job offer, labor certification, or sufficient urgency.

A ballroom dance choreographer claimed five evidentiary criteria for extraordinary ability, already meeting two. The AAO upheld denials for awards lacking national or international recognition, membership not judged by recognized experts, and salary not shown high relative to the field. With only two criteria met, the petition was dismissed without final merits review.

Criminal defense lawyer in Brazil sought EB-1A extraordinary ability classification. AAO held he met only one of three required alternative criteria (published material); original contributions and scholarly articles not established; overall evidence insufficient for sustained national or international acclaim.

Self-petitioner logistician proposes founding supply chain resilience business with focus on job creation and economic impact, claims headquarter location in Pennsylvania economically distressed area. AAO dismissed because petitioner failed to establish national importance; undefined specific location prevents assessing whether economic effects target depressed regions; unreliable financial projections.

A systems engineer in education technology sought extraordinary ability classification for developing an e-learning platform. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required criteria and failed to establish original contributions of major significance in the field.

A general and operations manager sought EB-1A extraordinary ability classification, claiming six criteria. The AAO found he satisfied only the leading or critical role criterion but failed awards, membership, judging, and high salary criteria. The decision dismissed the appeal, finding no sustained national or international acclaim or top-tier field status.