Published AAO appeal decisions

An event planner and entrepreneur sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The service center denied for failing the EB-2 threshold. The AAO dismissed the appeal because the petitioner did not specifically challenge the exceptional ability findings, so the Dhanasar prongs were never evaluated.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

A chemist and postdoctoral researcher sought EB-2 national interest waiver for research on high-performance materials for energy conversion. The AAO found the proposed endeavor met the first Dhanasar prong but the petitioner was not well positioned to advance it due to lack of demonstrated success and institutional support. The appeal was dismissed.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

A neuroscience postdoctoral researcher and staff research associate claimed extraordinary ability based on seven criteria. The AAO confirmed two criteria: judging and scholarly articles. However, the original contributions criterion failed due to insufficient citations and no evidence of widespread field impact, and the critical role criterion was not properly addressed. Only two criteria met; appeal dismissed.

A journalist from Kazakhstan with roles as poet, writer, and performer sought EB-1A classification. The AAO dismissed, finding she did not establish three of ten criteria: no major award, membership organizations lack required standards, and blog posts do not constitute scholarly articles. Threshold not met; final merits not reached.

Retired professional padel player ranked number one for 13 years sought extraordinary ability classification as coach. AAO determined only two of seven claimed criteria were met. Initial evidence threshold of three criteria not satisfied; final merits determination reserved. Appeal dismissed.

A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.

Civil engineer proposing to found consulting services company in Massachusetts. Failed first Dhanasar prong on national importance; generic consulting for construction companies lacked national or global implications. Business plan contained numerous errors and unreliable financial projections. Appeal dismissed.

Equestrian trainer and coach self-petitioner could not use athlete achievements as prior acclaim had ended. AAO dismissed appeal, finding petitioner met fewer than three initial evidentiary criteria and did not reach final merits.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

An IT systems engineer seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO found the beneficiary qualified for EB-2 as an advanced degree professional but failed to establish national importance of his proposed endeavor. The vague business plan lacked evidence of significant employment creation or economic benefits at regional or national levels.

A visual artist sought EB-1A extraordinary ability classification. The service center found one criterion met (exhibitions) but not three required. On appeal, the petitioner claimed awards, membership, published material, and leading role. The AAO rejected the awards claim, finding nominations insufficient and team awards lacking individual recognition. Only one criterion satisfied; threshold unmet; appeal dismissed.

A digital health communications influencer and public health educator sought EB-1A classification. The service center found two criteria met; the AAO on appeal reconsidered and found insufficient evidence for the high salary criterion, leaving petitioner below the three-criterion threshold.

An AI researcher with a Ph.D. in theoretical physics sought EB-1A extraordinary ability classification. She met initial evidence requirements in three criteria but failed the original contributions prong on closer review; citations alone were insufficient proof of major significance. The AAO found the record lacked evidence of sustained national or international acclaim required for the visa.

A digital transformation architect satisfied three initial criteria but failed the final merits test. AAO found his Salesforce certification, recent judging, publications, and employment did not demonstrate sustained acclaim or placement among the very top of the field required for extraordinary ability.

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

An entrepreneur planning a cybersecurity and crisis management company sought EB-2 exceptional ability classification with a national interest waiver. The AAO found only the academic record criterion satisfied, withdrew the service center's findings on the other criteria, and reserved the waiver analysis, dismissing the appeal.

A mountaineer from Bangladesh sought EB-1A classification claiming awards, membership, publications, contributions, and leading role. The AAO dismissed the appeal, finding insufficient evidence that awards were nationally or internationally recognized for excellence and that club membership required outstanding achievements by recognized experts. The petitioner did not demonstrate sustained acclaim at the top of the field.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

Software development engineer in test claimed extraordinary ability under EB-1A, citing five criteria. AAO found he met judging and high salary criteria but abandoned other claims on appeal. Two criteria insufficient; record did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

Materials engineer seeking EB-2 with national interest waiver for supply chain optimization initiative. Petitioner holds advanced degree but failed to establish national importance of proposed endeavor; claimed scalability and broad impacts lack specific details and independent corroborating evidence.