Published AAO appeal decisions

Carpenter and business owner sought EB-2 exceptional ability classification with national interest waiver. Claimed six criteria for exceptional ability but satisfied only two: academic degree and employer letters. AAO affirmed denial, finding petitioner failed to meet minimum three criteria required for exceptional ability; therefore NIW analysis was not reached.

Entrepreneur founding a trucking business claimed exceptional ability and NIW. AAO found the law degree did not relate to exceptional ability, the commercial driver license did not demonstrate professional practice, salary evidence was lacking, and the purported professional association was not verified, making the petitioner ineligible for the underlying classification and therefore ineligible for NIW.

An entrepreneur in the digital exhibition field sought EB-1A classification. The service center accepted that the initial evidentiary criteria were satisfied, including membership, press coverage, judging, articles and a leading role, but denied at the final merits step. The AAO dismissed the appeal because the evidence did not place her among the field's top percentage.

Chemical technician with non-toxic epoxy product experience sought EB-2 exceptional ability and NIW. AAO found petitioner met only two of six required criteria: degree and experience letter failed statutory requirements. Appeal dismissed because petitioner lacks underlying EB-2 eligibility.

Foreign language teacher and entrepreneur proposed bilingual education center using sign languages and Portuguese. Petitioner established substantial merit but failed to demonstrate national importance; projected job creation and revenue lacked supporting detail and showed limited economic impact beyond local region.

A chief financial officer and corporate treasurer sought EB-2 national interest waiver for a financial services consulting business targeting immigrant clients. The AAO affirmed denial, finding the proposed endeavor lacked national importance as it would serve only specific clients without broader industry impact or substantial economic effects in depressed areas.

Entrepreneur seeking EB-2 NIW to establish New York risk management and internal audit consultancy. Claimed endeavor offers innovative approach and substantial economic effects. AAO dismissed appeal, holding that field importance does not equal endeavor national importance; specific business lacks broader implications for economy or industry.

A human resources professional in Brazil sought EB-1A classification. She claimed five criteria: membership, judging, original contributions, leading role, and high salary. The AAO found only judging was met and dismissed the appeal, concluding she failed to satisfy the required three criteria and lacked sustained national or international acclaim.

Dentist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to satisfy the three required evidentiary criteria: the award lacked documentation of standards and selectivity, and membership requirements did not demonstrate recognition by national or international experts.

Independent film director from China sought EB-1A. AAO upheld denial: satisfied no claimed criteria. Awards not nationally recognized; association membership not documented; published article about work not about petitioner; original contributions unproven with only one feature and short film. Final merits review failed.

Management analyst petitioner claimed five EB-1A criteria. AAO affirmed service center finding that none met: award too limited in scope, membership was mere registration, contributions not of major significance, roles only supportive not critical. Zero of three required criteria satisfied; appeal dismissed without final merits review.

An industrial engineer seeking EB-2 with NIW to create a quality control and project management consulting company claimed substantial merit and national importance. The AAO found his specific proposed endeavor, though potentially valuable to clients, lacked the scale and broader economic impact required for national importance.

Management analyst and entrepreneur in human resources sought EB-2 classification and NIW. AAO dismissed appeal, finding petitioner failed to meet underlying EB-2 requirements as advanced degree professional or individual of exceptional ability, meeting only one of six required criteria; NIW eligibility not reached.

Cost estimator seeking NIW for position on EV battery plant projects. Claimed national importance based on EV industry significance and clean energy priorities. AAO dismissed because specific endeavor as cost estimator lacks national importance; industry importance and personal role value insufficient; no evidence of original innovations or broader prospective impact.

A researcher with published work seeks EB-2 with national interest waiver to pursue computer science research and lecturer position applying computer science to business processes. She failed to demonstrate her research has national importance or broader field impact and did not establish she is well-positioned to advance the endeavor. The AAO dismissed the appeal.

Sports management CEO sought EB-2 NIW classification. Petition dismissed for procedural defects: incomplete Form I-140 and failure to submit required DOL Form ETA-9089 Appendix A despite request for evidence. AAO upheld denial without reaching merits of national interest waiver claim.

General and operations manager in paint manufacturing seeks NIW based on proposed consulting and training business. AAO affirmed dismissal, finding proposed endeavor lacks national importance; no evidence of broader implications, significant employment potential, or substantial economic effects beyond individual clients.

Martial arts athlete and coach seeking EB-1A extraordinary ability classification. AAO dismissed appeal after finding petitioner met four initial criteria but lacked evidence of sustained acclaim at field top; competitive participation ended around 2017 and coaching credentials were underdeveloped.

Telecommunications entrepreneur with master's degree seeking EB-2 NIW for business providing rural connectivity and mobile network solutions. AAO dismissed appeal; petitioner failed to demonstrate national importance as proposed endeavor lacked evidence of extended field impact or improved methods over existing U.S. practices.

Industrial production manager sought NIW based on exceptional ability. In RFE response, petitioner changed proposed endeavor to operating a company providing wind farm maintenance services. AAO dismissed, finding material change impermissible and initial endeavor lacked national importance.

IT sales manager with advanced degree seeks EB-2 classification with national interest waiver. AAO upheld denial, finding petitioner established substantial merit but failed to show national importance; stated intention to work in important field does not establish national importance of specific proposed endeavor.

Aircraft maintenance technician with advanced degree and exceptional ability seeks national interest waiver to continue working in aircraft maintenance and assembly. AAO dismissed appeal because petitioner failed to establish national importance of the proposed endeavor and waived the issue by not addressing it on appeal.

Videographer seeks EB-1A extraordinary ability classification. Petitioner claimed four criteria but satisfied none. Television trophy and regional prize do not constitute nationally or internationally recognized awards. Website reports and event participation do not meet artistic exhibition standard. Videographer role at news agency insufficient for critical role criterion. Appeal dismissed.

An industrial engineer sought an EB-2 classification with a national interest waiver, relying on recommendation letters, publication and citation records, industry reports, and the STEM nature of his work. The AAO dismissed the appeal because the evidence did not show the national importance of his specific proposed endeavor, so the other prongs were not analyzed.

HR entrepreneur seeking EB-2 NIW for human resources consulting business. Claimed endeavor advances economy and SME sector through sustainable labor practices. AAO dismissed appeal, finding proposed business lacks national importance; benefits remain limited to direct clients without broader economic implications.