Published AAO appeal decisions

Commercial pilot sought EB-2 NIW; materially changed proposed endeavor from pilot employment to drone technology business in response to RFE. AAO rejected drone business change as material alteration and affirmed first-prong denial: pilot employment lacks national importance despite aviation industry shortage; individual employment cannot extend beyond employer level.

Entrepreneur seeking EB-1A extraordinary ability classification for ventures in car rental, used cars, travel, and e-commerce. Claimed four criteria but Director found none met. AAO affirmed, finding insufficient evidence of sustained acclaim or critical organizational roles and no documentation of high remuneration.

Software engineer and IT specialist sought EB-2 NIW to develop novel custom software and assist U.S. companies in digital transformation. AAO held the specific endeavor lacks national importance; importance of information technology and unsupported assertions of fundamental contributions insufficient without evidence of broader prospective impact.

Engineer with sales and management experience seeking NIW for consulting company focused on electrical engineering and US-South American business facilitation. Meets EB-2 advanced degree requirement but fails to establish national importance of proposed endeavor; economic impact not sufficiently demonstrated. Appeal dismissed.

A singer sought EB-1A extraordinary ability classification. She met three initial evidentiary criteria but failed to demonstrate sustained national or international acclaim or placement among the very top of her field. The AAO dismissed the appeal, finding her achievements insufficient for the high standard required.

Fashion model with O-1 nonimmigrant status sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding she satisfied only one of ten initial evidentiary criteria; comparable evidence argument without demonstrating inapplicability of specific criteria was rejected; insufficient proof of sustained acclaim.

Exercise physiologist entrepreneur sought NIW for fitness company offering classes to general and special-needs populations. AAO affirmed denial, finding benefits lacked national importance; impacts limited to direct service users and employees without broader field implications.

Cosmetics industry entrepreneur sought EB-2 exceptional ability classification with NIW. AAO dismissed appeal after finding petitioner met only one of six required criteria. Without meeting three criteria for exceptional ability, petitioner could not establish NIW eligibility; Dhanasar prongs not analyzed.

An entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO dismissed the appeal after the petitioner abandoned arguments challenging the Director's finding that he did not qualify for underlying EB-2 classification, making NIW analysis unnecessary.

Entrepreneur sought NIW classification as individual of exceptional ability. AAO affirmed denial; petitioner met only one of six exceptional ability criteria, failing to satisfy initial evidentiary threshold. NIW analysis reserved as unnecessary.

Marketing manager seeking EB-2 NIW for startup marketing consultancy. AAO affirmed director's finding that endeavor lacked national importance; breadth of implications limited to petitioner's company and clients without broader regional or field-wide impact.

A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.

Self-petitioner, organizational development specialist proposing supply chain management and logistics consulting, sought EB-2 with NIW. AAO affirmed denial on national importance; petitioner's experience and expert letter on occupation importance insufficient; specific business endeavor lacks broader implications.

Special education teacher sought EB-2 national interest waiver for proposed teaching work. AAO dismissed appeal because petitioner failed to establish national importance of her specific proposed endeavor; shortage in special education field and generic work did not demonstrate broader implications or substantial positive economic effects required.

A business professional in enterprise resource planning software sought EB-1A extraordinary ability classification. He claimed judging, original contributions, high salary, and commercial success criteria. The AAO found his mentoring did not constitute judging, his patented chatbot lacked field-wide significance compared to major competitors like Siri and Alexa, and he satisfied only one criterion, failing the threshold.

A dentist sought EB-2 classification with national interest waiver. The AAO affirmed denial because although she qualified as an advanced degree professional, her proposed dental practice lacked national importance; work within a single practice or clinic did not impact the dental field broadly.

Veterinary assistant seeking NIW for self-employment opening veterinary clinic. Director found first Dhanasar prong met but AAO reversed, finding clinic lacks national importance and petitioner not well-positioned with insufficient planning, unclear location, and no progress documentation.

Physical therapist and entrepreneur sought NIW for EB-2 advanced degree classification to operate home health care company. Petitioner proposed employment in economically depressed areas. AAO dismissed because specific endeavor failed national importance requirement; field importance alone insufficient without demonstrated prospective economic impact or field advancement.

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Pipeline engineer seeks NIW for EB-2 advanced degree classification in oil and gas industry. Fails first Dhanasar prong: undefined endeavor as independent consultant or unspecified employee lacks specific national importance; importance of occupation and industry cannot substitute for documented specific endeavor impact.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

A financial analyst sought EB-2 classification with national interest waiver. The AAO found she did not qualify as an advanced degree professional or individual of exceptional ability, lacking required work experience and failing to meet three evidentiary criteria. The appeal was dismissed without reaching the Dhanasar framework's second and third prongs.

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR field.

Self-petitioner, researcher with advanced degree seeking EB-2 NIW. First prong met: substantial merit and national importance established. Second prong failed: despite academic accomplishments and research participation, petitioner did not demonstrate sufficient role significance or progress toward goals to be well-positioned to advance endeavor.

International trade entrepreneur applied for EB-2 as person with exceptional ability seeking NIW. Director found substantial merit and that applicant well-positioned but denied national importance; AAO affirmed. Projected revenues and employment insufficient to demonstrate specific endeavor's national economic implications.