Published AAO appeal decisions

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

Entrepreneur and jiu-jitsu instructor sought NIW as exceptional ability professional. AAO found petitioner met only two of six exceptional ability criteria, failing underlying EB-2 qualification. Because ineligible for EB-2, NIW analysis not reached. Appeal dismissed.

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

A technology entrepreneur seeking EB-2 exceptional ability classification with NIW claimed three criteria for exceptional ability. AAO held petitioner failed to meet three criteria required for exceptional ability; therefore ineligible for EB-2 and NIW reserved; appeal dismissed without reaching Dhanasar analysis.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

Accounting specialist sought EB-2 with national interest waiver for a startup accounting services company. Advanced degree qualification was not disputed. AAO held the proposed endeavor lacked national importance because routine accounting services would benefit only generalized clients without broader economic impact.

Pomegranate industry business executive sought EB-1A extraordinary ability. AAO held petitioner failed to meet three of ten initial criteria; television appearances lacked sufficient documentation; evidence did not establish sustained national or international acclaim required for classification.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

Entrepreneur seeking EB-2 with NIW for financial management consultancy claimed substantial merit and national importance. AAO held endeavor lacked national importance because projected job creation was nominal for a large county and petitioner failed to demonstrate broad field impact or substantial economic effects.

Cultural director sought EB-1A classification. Met three evidentiary criteria: published material, judging, and leading role. However, AAO dismissed appeal finding no sustained national or international acclaim. Media coverage limited to local newspaper until 2008 with no subsequent prominence; failed to demonstrate career of acclaimed work or presence among field's very top.

An airline pilot seeking EB-2 classification with NIW based on proposal to teach flight instruction claims his endeavor has national importance. AAO held the proposed endeavor lacks national importance because evidence does not show impact on field or economy beyond individual students, thus failing first prong of Dhanasar; appeal dismissed.

Educational consultant and geography education researcher with advanced degree claimed NIW for teaching and GIS research at university. AAO found proposed endeavor lacked specificity and failed to demonstrate national importance beyond university setting. Appeal dismissed.

A financial analyst sought EB-2 classification with a national interest waiver. The AAO found he did not qualify as an advanced degree professional and, alternatively, that his proposed financial analyst role lacked national importance because it would benefit only his clients and employers, not the industry or economy broadly.

Quality assurance engineer claims EB-1A extraordinary ability through judging, critical role, and high salary criteria. AAO held mentoring does not meet judging requirement; petitioner cannot satisfy three-criterion threshold and lacks sustained national or international acclaim required.

An industrial technician without underlying EB-2 exceptional ability qualification sought NIW for a construction and mechanical maintenance company. The AAO dismissed, finding neither exceptional ability met nor national importance shown; claimed job creation and economic benefits lacked evidentiary basis and field-level innovation.

An entrepreneur in early childhood education sought EB-2 with NIW for an educational services firm projecting 79 jobs and $20 million revenue. The AAO dismissed, finding the petitioner failed to establish advanced degree eligibility and that the endeavor lacked national importance; projected job creation and sectoral impact were insufficient and unsubstantiated by evidence.

An entrepreneur with foreign business degree sought EB-2 NIW to open a supermarket in Florida. The AAO dismissed because opening a supermarket lacks national importance despite job creation and revenue projections; lacks broader implications for the food distribution field.

An accountant sought EB-2 NIW proposing diversified accounting and consulting services to enhance U.S. company efficiency. The AAO dismissed, agreeing her endeavor has substantial merit but finding insufficient evidence demonstrating national importance because benefits to small businesses lack the requisite substantial positive economic effects.

A musician who runs music workshops for children sought EB-2 exceptional ability classification together with a national interest waiver. The AAO adopted the Director's findings that none of the regulatory criteria were satisfied, citing insufficient corroboration, and dismissed the appeal, reserving the Dhanasar waiver analysis as unnecessary.

An omakase chef sought EB-1A extraordinary ability classification. The AAO found the petitioner met two initial criteria but failed to demonstrate sustained national or international acclaim; Michelin recognition was local, not national, and did not establish extraordinary ability among the very top.