Published AAO appeal decisions

A synthetic organic chemist met at least three initial EB-1A criteria but failed the final merits step. AAO found his judging experience and publications insufficient to show he rose to the very top of the field or enjoyed sustained national or international acclaim.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

Information security associate vice president claimed seven criteria and satisfied three: judging, leading role, and high salary. AAO held initial evidence requirements met but final merits analysis showed insufficient evidence of sustained acclaim or placement among small percentage at top of field.

A dancer, choreographer, and coach met only two initial criteria and failed to demonstrate sustained national or international acclaim. AAO withdrew the service center's award finding and affirmed the final merits determination, dismissing the appeal.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

A business executive in the pomegranate industry filed motions to reopen and reconsider an EB-1A extraordinary ability appeal. The AAO dismissed both motions, finding no new facts warranting reopening and no incorrect application of law or policy in the prior dismissal.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

Automotive engineer sought EB-2 NIW for autonomous vehicle research and development. AAO dismissed appeal because petitioner provided only broad, general claims without a specific, detailed proposed endeavor required under Dhanasar framework.

Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.

A vaccine industry executive with law and business degrees sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding he met three criteria: leading critical role, high salary, and original contributions, and demonstrating sustained international acclaim placing him among the very top in his field.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

A composer claimed extraordinary ability in film and television composition. AAO remanded, finding three criteria met (published material, judging, scholarly articles) and requiring final merits determination. SCOPS erred by excluding educational work from initial criteria analysis when sufficiently related to composition work.

A Kazakh law professor sought EB-1A classification as alien of extraordinary ability. Although meeting three evidentiary criteria—judging, scholarly articles, and high salary—the AAO affirmed SCOPS finding that the petitioner lacked sustained national or international acclaim necessary to demonstrate extraordinary ability at the highest level.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

An endocrinology researcher sought EB-1A classification, claiming six criteria, of which the service center accepted three: judging, scholarly articles and leading role. The AAO dismissed the appeal at the final merits step, finding the peer review, editorial service and publication record did not show sustained acclaim or a place among the top.

Infrastructure specialist proposed IT consulting firm offering system design, project management, and cybersecurity services. Sought EB-2 NIW but petitioner failed to establish specific endeavor had national importance beyond potential client benefit. AAO dismissed, finding insufficient prospective impact on IT field or economy.

A senior IT consultant working with AI-driven frameworks sought EB-1A classification. The service center found at least three evidentiary criteria satisfied but denied on final merits. The AAO did not decide additional criteria and dismissed the appeal, finding the evidence did not show sustained acclaim or top-of-field standing.

Assistant professor of Arabic languages seeks waiver based on language instruction and curriculum development supporting military personnel readiness. Claimed endeavor involves research on cross-cultural communication and specialized translation. AAO dismissed appeal, finding proposed endeavor has commendable ambitions but lacks documented prospective impact rising to national importance.

Data analyst self-petitioner claimed eight EB-1A criteria. AAO withdrew findings on two criteria and rejected awards and salary claims. On final merits, AAO affirmed that totality of evidence does not demonstrate sustained acclaim or placement among the small percentage at the very top of the field.

Agricultural economist claims extraordinary ability under EB-1A. Submitted evidence for five criteria: awards, high salary, original contributions, leading role, and scholarly articles. AAO found only scholarly articles criterion met; awards lack national/international recognition, salary comparison improper, and original contributions lack sufficient field impact. Fails three-criterion threshold.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.