Published AAO appeal decisions

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Research scientist seeking EB-2 national interest waiver claimed advanced degree and waiver eligibility under Dhanasar framework. AAO dismissed appeal, affirming SCOPS' finding that petitioner failed first prong: proposed connectomics research insufficiently described; lacks demonstration of substantial merit, national importance, or prospective impact.

Data scientist with advanced degree pursuing PhD in Digital Transformation sought NIW for research on bio-inspired feature reduction algorithms. AAO found proposed endeavor had substantial merit and national importance but concluded petitioner lacked sufficient record of success or evidence to demonstrate being well positioned to advance the work. Appeal dismissed.

Electrical engineer sought EB-1A classification based on extraordinary ability. Claimed awards, membership, published material, judging, contributions, and leading role. Service center found two criteria met; AAO found awards and membership not met and concluded petitioner lacked sustained national or international acclaim required for the classification.

A lawyer sought EB-1A extraordinary ability classification. The petitioner claimed four criteria: judging, original contributions, scholarly articles, and leading/critical role. The AAO found judging and contributions not met and declined to address the other two, dismissing for failure to satisfy the threshold of three criteria.

First assistant surgeon self-petitioned for EB-1A extraordinary ability. Claimed four criteria: association membership, original contributions, scholarly articles, and leading role. AAO found membership criterion not met and leading role criterion not met; original contributions and scholarly articles not analyzed. Appeal dismissed.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

A digital media marketing strategist and agency founder claims extraordinary ability. She met four initial criteria (membership, published material, judging, scholarly articles) but failed on awards and final merits. AAO held her achievements from 2019–2025 lack the sustained, high-impact recognition required for this elite classification.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

Professional squash player seeking EB-1A extraordinary ability classification. Claimed seven criteria; AAO found at least three met (awards, published material, and prior comparable evidence finding). Matter remanded for final merits determination on sustained acclaim and placement among top percentile.

A food and product safety compliance professional sought EB-1A classification. The service center accepted three criteria and the petitioner claimed three more on appeal, which the AAO reserved. The AAO dismissed the appeal at the final merits step because the impact seemed limited to his employer and acclaim was not shown.

Brazilian footvolley player, coach, trainer, and referee sought EB-1A extraordinary ability classification. Met three initial evidentiary criteria but failed final merits determination. AAO dismissed appeal, finding insufficient sustained national or international acclaim and failure to establish placement among elite practitioners in footvolley.

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Certified investment analyst with advanced degree seeks EB-2 with national interest waiver. Claimed endeavor has national importance for U.S. investment and capital markets. AAO affirmed denial, finding endeavor lacks national importance; tailored consulting services lack broadly applicable measures and evidence of substantial economic ripple effects or national-level impact.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Assistant professor with Ph.D. in computer science proposing STEM research endeavor claiming national interest waiver. AAO dismissed appeal, finding petitioner not well-positioned to advance the endeavor; peer review is common academic activity, funding sources unclear, research citations narrowly circulated, insufficient evidence of feasibility or field impact.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

A Ukrainian attorney seeks EB-1A as self-petitioner proposing international legal consultancy work in environmental law and Ukraine-related projects. Service center wrongly excluded law categorically from EB-1 eligibility and failed to analyze claimed criteria. AAO remanded, finding attorney's work falls within social science or business field and requiring proper criterion-by-criterion evaluation.

A leadership and organization development specialist sought EB-1A classification. SCOPS denied based on field determination, not evidentiary criteria analysis. The AAO remanded, finding the occupation falls within business and requiring proper evaluation of seven claimed criteria under the correct regulatory framework.

A corporate attorney sought EB-1A classification claiming two additional criteria on appeal. The AAO found the award not nationally recognized in the legal field and the salary comparison methodologically flawed, remanding for SCOPS to allow the attorney to cure the evidentiary deficiency regarding remuneration before determining if additional criteria were met.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

A biophysical chemist specializing in nuclear magnetic resonance spectroscopy and membrane proteins appealed SCOPS denial of EB-1A petition. Petitioner claimed original contributions of major significance. AAO found the criterion met based on expert letters, high citations, and patent commercialization, satisfied three evidentiary thresholds, and remanded for final merits determination.