Published AAO appeal decisions

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

An individual of exceptional ability in occupational safety and business sought EB-2 classification and national interest waiver. The AAO dismissed the appeal because although the substantial merit was established, the petitioner failed to demonstrate that her proposed training and consulting business had national importance as required by the Dhanasar framework.

Martial arts entrepreneur and instructor sought NIW for business and training enterprise. AAO held substantial merit was met but national importance was not; no evidence of field or economy impact beyond direct clients, and business projections lacked adequate evidentiary support.

Financial and investment analyst seeking EB-2 NIW claimed expertise in financial consulting. AAO held petitioner met underlying EB-2 but failed first Dhanasar prong; proposed business providing budgeting and forecasting services lacks national importance and broader field implications required.

Business and hospitality management specialist sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed endeavor to reposition U.S. hospitality industry lacks national importance because generalized industry articles do not address specific prospective impact or broader field implications required by Dhanasar.

Business consultant seeks NIW for employment as business manager consultant. AAO affirmed director's finding that petitioner failed to demonstrate national importance; credentials and experience do not show proposed endeavor extends beyond clientele to impact broader field.

A Brazilian jiu-jitsu athlete seeks EB-1A classification for extraordinary ability. Though three criteria were met (awards, judging, exhibitions), the AAO found the totality of evidence does not establish sustained national or international acclaim or place among the very top of the field.

Web developer and digital designer seeking EB-1A extraordinary ability classification. Petitioner claimed three evidentiary criteria but lacked documentary evidence for association membership. AAO held petitioner failed to meet minimum three criteria; even in aggregate, record does not support sustained national or international acclaim required; appeal dismissed.

IT executive seeking NIW for EB-2 proposed starting consulting company offering professional training courses and workshops. AAO found proposed endeavor lacks national importance because it addresses individual clients rather than advancing IT technologies or field broadly.

Nurse sought NIW for proposed company providing nursing services in Florida area. AAO dismissed, finding petitioner failed to establish national importance of specific endeavor despite occupational shortage discussion. Revenue and employment projections lacked significance demonstrating substantial economic effects at national level.

Clinical psychologist and entrepreneur seeking EB-2 NIW to manage psychology clinic in Florida. Self-petitioner. AAO found substantial merit but no national importance; clinic's impact limited to patients with no demonstrated broader implications for psychology field or significant U.S. economic effects.

An oil industry professional seeking EB-1A extraordinary ability classification claimed four criteria including awards, membership, original contributions, and leading role. The AAO dismissed, finding none met the standards; the honorary certificate and professional association membership lacked required recognition level, and employer contributions did not establish national acclaim.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

Television and film producer sought EB-1A extraordinary ability classification. Met published material criterion but failed three remaining claimed criteria. Appeal dismissed because petitioner established only one criterion and lacks sustained national or international acclaim at top of field.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.

A restaurant entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner met only two of six criteria and failed final merits review; evidence of business success and awards did not establish expertise significantly above ordinary level in the field.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

A martial arts instructor claimed three EB-1A criteria: association membership, published material, and leading roles. The AAO found membership did not satisfy regulatory requirements, and with only three criteria claimed, failure of one prevented reaching the minimum threshold. Appeal dismissed without final merits analysis.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.