Published AAO appeal decisions

Software developer seeks NIW for web system design and development. AAO held while software development has substantial merit, work lacks national importance because it benefits only employer and its users without broader impact on IT field or U.S. economy through job creation or economic effects.

A geriatric nurse with an advanced degree sought national interest waiver of labor certification. She qualified for EB-2 advanced degree status but failed to establish national importance: her patient care, manuals, and lectures lacked documentary evidence of broader impact beyond her individual patients and facility.

A weightlifter with exceptional ability seeks NIW for EB-2. AAO dismissed appeal because petitioner failed to provide specific proposed endeavor at filing; general intent to work in weightlifting lacks national importance and substantial merit as required.

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

Chief technology officer claims extraordinary ability based on patents and press coverage. AAO found articles focus on company work, not personal achievements, and patents lack demonstrated major significance in field. Appeal dismissed without reaching remaining criteria.

Cancer researcher sought EB-1A extraordinary ability classification. Claimed five criteria; Director found two met. Petitioner on appeal asserted three additional criteria and high salary. AAO found only two criteria satisfied overall and dismissed appeal because petitioner failed to meet the three-criterion threshold for extraordinary ability.

A postdoctoral researcher in computational chemistry sought EB-1A classification. The AAO found he satisfied three initial criteria: judging, scholarly articles, and original contributions. However, the final merits determination concluded he lacked the sustained national or international acclaim required, despite recognizable contributions early in his career.

Quality assurance associate in pharmaceutical industry sought EB-1A extraordinary ability classification. Claimed four criteria; director found two met. AAO dismissed, holding petitioner failed to meet three of ten required criteria and lacks the sustained acclaim and top-tier recognition required.

Architectural drafter sought EB-2 NIW classification. Proposed to work on healthcare facility design and eventually become senior designer. AAO dismissed, holding proposed work lacks national importance; confined to employer projects without demonstrating substantial positive economic effects or broader field impact.

A security advisor seeks NIW for EB-2 claiming a security management and counterterrorism role of national importance. The AAO dismissed the appeal, finding the petitioner did not sufficiently demonstrate that the specific proposed endeavor has national importance beyond general field significance; evidence of prospective impact was insufficient.

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.

Research scientist in molecular virology claimed four criteria. AAO found three met: judging, original contributions, and scholarly articles. However, appeal dismissed because evidence as a whole does not show sustained national or international acclaim or placement among the very top of the field.

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.

A neurological surgeon claimed seven criteria for EB-1A extraordinary ability. The AAO affirmed the Director's finding that she met judging and scholarly articles but rejected awards and membership, and determined that meeting only two criteria did not demonstrate sustained national or international acclaim at the top tier.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.

Marketing manager sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed marketing work benefited only employer, lacking documented broader field implications or substantial economic benefits needed for national importance.

An attorney specializing in environmental and energy law sought EB-2 national interest waiver. The AAO found substantial merit in the proposed endeavor but concluded the petitioner failed to establish national importance under Dhanasar's first prong; recommendation letters addressed past work rather than the specific prospective endeavor details required.

A dentist/manager sought EB-2 national interest waiver to open a dental practice and mobile services in Florida. The AAO affirmed the director's finding that while the petitioner qualified as advanced degree professional, the proposed endeavor lacked national importance; serving specific patients and markets did not demonstrate broader field or economic impact.

Financial manager sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed work advising on financial investments and capital allocation. AAO affirmed denial, finding insufficient evidence that proposed endeavor would impact the financial field or nation's economy broadly or create substantial US employment.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

A film and television director sought EB-1A extraordinary ability classification. The AAO found she satisfied only the judging criterion and concluded she had not demonstrated sustained national or international acclaim or status among the small percentage at the very top of her field.