Published AAO appeal decisions

Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.

An exercise trainer seeking EB-2 classification with national interest waiver claimed his instruction activities have substantial merit and national importance. The AAO found the endeavor merits substantial but lacks national importance because it fails to demonstrate prospective impact extending beyond his individual clientele to benefit the nation.

Petitioner sought extraordinary ability classification. On motion after adverse appeal, petitioner reargued same facts and claims previously addressed. AAO rejected new awards arguments and other criteria. Motion lacked genuine new facts supported by documentary evidence. Petition remains denied.

An international banking and finance professional sought EB-2 with national interest waiver for a financial literacy and regulatory compliance consulting firm. The AAO dismissed the appeal, finding that despite substantial merit, the endeavor lacks national importance because local economic benefits and job creation do not meet the substantial positive economic effects standard.

Applied linguist seeking NIW for EB-2 classification claimed research on marginalized populations has national importance. AAO dismissed appeal, finding substantial merit but no evidence prospective impact rises to national importance; research lacks demonstrated policy influence or broad implications.

An architect and senior care facility design manager claimed four criteria and met three minimum requirements. The AAO found petitioner failed to demonstrate sustained acclaim, career of acclaimed work, or elite standing despite satisfying judging, scholarly articles, and leading role criteria. Publications lacked demonstrated impact and judging experience was limited.

Postdoctoral biomedical researcher studying glioblastoma treatment claimed extraordinary ability through publications, peer review, and citations. AAO upheld meeting two criteria (judging, scholarly articles) but rejected major contributions criterion because evidence showed significant work without demonstrating major significance to field. Final merits finding: not at top of field.

Exercise trainer and group fitness instructor with rhythmic gymnastics coaching background claimed six extraordinary ability criteria. AAO affirmed rejection of awards, membership, published material, and judging criteria. Insufficient evidence of national/international acclaim or top-tier status despite experience in field.

Administrative services and facilities manager claimed three criteria for extraordinary ability. AAO found certificates of appreciation lack national or international recognition, no judging participation, and no distinguished role. Reference letters unsupported by documentary evidence; lacks required sustained acclaim.

A photographer sought EB-1A classification claiming seven criteria. The AAO found three criteria met: published material in major media, judging, and display at exhibitions. However, the appeal was dismissed because the final merits determination revealed insufficient sustained acclaim and recognition to place the petitioner among the very top of the field.

A musician seeking extraordinary ability classification filed combined motions to reopen and reconsider after an earlier appeal was dismissed. He claimed an appeal brief had been timely submitted. The AAO dismissed both motions because the undated brief lacked proof of submission and no error of law or policy was shown. No individual criteria were analyzed.

A vocalist and musician sought extraordinary ability classification. On motion to reopen, the AAO dismissed after confirming she did not meet three required evidentiary criteria, finding no nationally recognized awards, ineligible membership, insufficient published material documentation, and no evidence of commercial success.

Entrepreneur proposing a financial consulting services company in Florida claiming national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance despite substantial merit; revenue projections and job creation figures insufficient to demonstrate significant prospective impact regionally or nationally.

Chemical engineer and materials scientist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding she met fewer than three initial evidentiary criteria: awards lacked national recognition and were student-level; membership criteria did not reflect outstanding achievement judgment.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.

Logistics consulting executive seeks EB-1A extraordinary ability. Petitioner claimed three criteria: awards, original contributions, and leading roles. AAO withdrew director errors on intent and benefit findings but upheld award criterion failure: personal receipt unproven; award lacked national recognition. With only two criteria potentially met, threshold of three not reached; original contributions and leading role claims reserved.

Financial analyst holding advanced degree sought EB-2 national interest waiver for financial consulting business serving immigrants. AAO held proposed endeavor has substantial merit but lacks national importance; business plan lacks probative evidence of significant projected economic impact or job creation.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

Data scientist claimed five criteria for EB-1A extraordinary ability. SCOPS and AAO found only one criterion met (high salary), then withdrew it on appeal. AAO determined petitioner failed to meet three required criteria and dismissed without final merits analysis.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.

Pharmacist self-petitioner seeking NIW for comprehensive pharmaceutical service business. Claimed national importance through healthcare gap-filling and professional training. AAO held endeavor has merit but lacks national importance; projected revenues and job creation insufficient to demonstrate substantial positive economic effects beyond local clients.

A taekwondo athlete and instructor self-petitioned for EB-1A extraordinary ability classification. Petitioner met two criteria but AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim or placement among small percentage at field's very top despite participation in tournaments since 2002.

A project management specialist sought extraordinary ability classification, claiming three criteria: awards, original contributions and leading role. After an earlier dismissed appeal, he moved to reopen with an online article about a mayoral letter. The motion was dismissed because nothing showed the letter was a nationally or internationally recognized award.

A self-petitioner sought an EB-2 classification with a national interest waiver. The service center denied it as not well positioned, then dismissed a combined motion. The AAO dismissed the appeal because the petitioner did not challenge the finding that the motion stated no new facts, so the issue was waived.