Published AAO appeal decisions

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Entrepreneur in business and immigration investment sought EB-1A extraordinary ability classification. Claimed six criteria including published material, original contributions, and scholarly articles. AAO found published material deficient due to missing metadata and post-filing dates, original contributions lacked evidence of major field significance, and petition failed to meet three-criterion threshold for final merits analysis.

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.

An accountant and business operations manager claims extraordinary ability and seeks EB-1A classification. She claimed three criteria but failed to establish high salary requirement because comparative data did not match her actual position. The AAO dismissed without analyzing two other claimed criteria.

Real estate developer and project manager sought NIW for affordable and senior housing development using prefabricated construction. AAO held proposed endeavor lacked sufficient specificity regarding implementation, funding, location, and concrete steps taken, preventing meaningful evaluation of national importance.

Entrepreneur in agriculture seeking EB-2 exceptional ability and NIW. AAO affirmed denial because petitioner failed to show expertise significantly above ordinary level in agricultural entrepreneurship despite meeting three criteria initially. NIW prongs not reached.

A humanitarian and social worker claimed extraordinary ability under three EB-1A criteria: awards, judging, and leading roles. The AAO affirmed the denial, finding the awards lacked demonstrated national or international recognition. With only two criteria claimed and one rejected, the petitioner could not meet the minimum three required criteria, so remaining criteria and final merits were not addressed.

Judo coach sought EB-1A extraordinary ability classification. AAO dismissed, finding no major award, only one of five claimed criteria met, and insufficient evidence of sustained national or international acclaim placing petitioner in top of field.

Market research analyst and communication specialist sought EB-1A classification. Claimed five criteria including awards, contributions, and scholarly articles. AAO found student award lacked requisite national recognition and contributions showed only prospective rather than established significance. Could not meet three-criterion minimum. Appeal dismissed.

Research scientist with PhD in materials science seeking EB-1A classification claimed to meet three of ten regulatory criteria. AAO found she met judging and scholarly articles criteria but failed to demonstrate original contributions of major significance. Appeal dismissed because petitioner has not shown sustained national or international acclaim required for extraordinary ability.

Language specialist claimed EB-2 advanced degree professional classification with national interest waiver. AAO affirmed denial because applicant's three-year foreign degree does not establish equivalence to a U.S. bachelor's degree required for EB-2 eligibility. Dhanasar prongs not addressed.

A lawyer sought extraordinary ability classification. The service center denied the petition and then dismissed a combined motion to reopen and reconsider. On appeal, the AAO summarily dismissed because the brief argued the original denial's merits and never addressed the motion dismissal, so the issues were abandoned and no criteria were decided.

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. Appeal dismissed.

A singer sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding no one-time major international award and only two criteria arguably satisfied (awards and published material); documents lacked proper authentication and evidence did not show national or international recognition required for sustained acclaim.

Data analytics manager with advanced degree sought NIW for work managing digital analysts in banking and financial services. AAO found his mentorship and project work have substantial merit but lack national importance, as the endeavor does not demonstrate broader implications for the field or industry beyond individual benefits.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.

Egyptian lawyer claims extraordinary ability under four criteria: membership, leading role, high salary, and original contributions. AAO affirmed denial. Membership in bar association was mandatory for all practitioners, not selective. Leading role claims lacked evidence of distinguished organizations. Salary evidence insufficient for comparative analysis. No sustained international acclaim demonstrated.

A business and social psychology researcher sought EB-1A extraordinary ability classification. AAO found he did not receive a major award and met only two of ten criteria, not the required three. Letters of recommendation and citation records did not establish major significance of contributions. Appeal dismissed.

A martial arts educator sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner failed to meet three of six exceptional ability criteria and that the proposed educational endeavor lacked national importance beyond the employing organization.

Kazakh actress claimed seven EB-1A criteria. AAO found awards and membership criteria not met; other claimed criteria were not analyzed. Overall, petitioner failed to demonstrate sustained national or international acclaim or position at top of acting field required for extraordinary ability classification.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. AAO held the specific endeavor lacks national importance under Dhanasar because evidence showed only industry importance, not the business's prospective broader impact or employment potential.

Self-petitioner entrepreneur sought NIW for digital marketing specialist work with long-term goal of owning an agency. AAO dismissed appeal, finding endeavor lacked specificity and substance. General occupation claims without detailed descriptions of specific proposed work do not satisfy national importance requirement.

Financial manager with advanced degree sought NIW for employment in banking sector with proposed use of blockchain and AI technologies. AAO found substantial merit in the field but concluded the petitioner failed to demonstrate national importance of her specific endeavor, lacking evidence of broader industry impact, employment potential, or substantial economic effects.

Physical therapist self-petitioner sought EB-2 NIW based on work as physical therapist specialist. AAO held petitioner failed to establish advanced degree and that proposed endeavor lacked national importance under Dhanasar; appeal dismissed.

Sustainability and business intelligence consultant sought EB-2 NIW classification. AAO held proposed endeavor had substantial merit but lacked national importance as required under Dhanasar because petitioner provided only general assertions without adequate evidence of broader field impact or specific prospective consequences.