Published AAO appeal decisions

Martial arts athlete appealed EB-1A denial. AAO affirmed that petitioner failed to meet three of ten regulatory criteria required as initial evidence, finding neither a major internationally recognized award nor sufficient qualifying alternate criteria established.

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

A career development mentor and training consultant in beauty services sought EB-2 national interest waiver. The AAO dismissed because her consulting company for beauty salons lacked national importance: it would not impact the industry broadly, and projections of modest revenue and two employees did not establish substantial economic effects nationally.

Aircraft mechanic sought EB-2 exceptional ability classification and national interest waiver. AAO found petitioner failed to establish exceptional ability under three of six regulatory criteria, including insufficient experience, salary not demonstrating exceptional ability, and membership in professional association not meeting regulatory requirements. Appeal dismissed; Dhanasar framework not reached.

Entrepreneur seeks EB-2 NIW to establish educational and research institute in social sciences and contemporary history. AAO found proposed endeavor has substantial merit but lacks national importance; no evidence of significant U.S. employment potential or substantial positive economic effects commensurate with national importance.

Accountant sought EB-2 NIW classification. AAO found MBA from Brazil not established as U.S. equivalent advanced degree, and experience letters lacked required detail. Petitioner failed to meet exceptional ability criteria. Appeal dismissed because petitioner ineligible for underlying EB-2 classification.

Physician specializing in oncologic breast surgery sought EB-2 with national interest waiver. AAO held proposed endeavor lacked the national importance required under Dhanasar first prong because petitioner failed to demonstrate broader implications or substantial prospective impact beyond individual medical practice.

Technology engineer and entrepreneur seeking EB-1A classification claimed published material, original contributions, and leading roles at distinguished companies. AAO found three criteria met and confirmed sustained national and international acclaim and recognition, placing petitioner in small percentage at top of field.

A cybersecurity analyst with MBA sought EB-2 national interest waiver. The AAO agreed the proposed endeavor had substantial merit but found no national importance: it would impact only individual clients and customers without demonstrating broader industry implications or implementation strategy. Appeal dismissed.

An IT consultant with an advanced degree sought EB-2 and NIW. The Director approved the underlying advanced degree classification but denied the waiver. The AAO dismissed the appeal, finding the petitioner's proposed IT consulting business lacked evidence of national importance under the first Dhanasar prong.

A petitioner sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed appeal because petitioner did not establish foreign three-year degree equivalent to U.S. baccalaureate or exceptional ability; NIW analysis not reached.

A business manager seeking EB-2 exceptional ability classification and NIW claimed three exceptional ability criteria but established only two. The AAO dismissed the appeal, finding the petitioner failed to meet the minimum three-criterion threshold for exceptional ability and therefore reserved the Dhanasar analysis.

Correctional officer and former Brazilian Army member sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner failed to meet three of six regulatory evidentiary criteria for exceptional ability, including membership in professional associations, and therefore ineligible for underlying EB-2 classification.

Marketing director sought EB-2 NIW to provide media monitoring and consulting services to small enterprises. AAO held proposed endeavor lacks national importance, having only local client impact without broader field implications. Appeal dismissed.

Certified nursing assistant with advanced degree seeks EB-2 NIW to operate online nursing consulting and medical training business. AAO held petitioner not qualified as advanced degree professional and failed substantial merit and national importance prongs due to vague goals, incomplete business plan, and weak evidence of market demand or funding.

Soccer match official seeking EB-2 national interest waiver to provide soccer promotion and academy services. AAO dismissed appeal, finding proposed endeavor lacks national importance; services would benefit only his athletes and entities, with no documented broader impact on industry or U.S. economy.

Architect sought NIW under EB-2 for sustainable architectural design and project management work. Petitioner claimed focus on sustainability, construction quality, and furniture design would demonstrate national importance. AAO held the proposed endeavor lacks national importance; general descriptions and assertions insufficient; no specific evidence of broader prospective impact on sustainable development field.

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

A mathematics researcher with a Ph.D. in applied mathematics sought a national interest waiver to forgo job offer requirement. He proposed research into partial differential equations and heat transfer. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, he is well-positioned to advance it, and waiving the job offer benefits the U.S.

Nurse sought EB-2 NIW as advanced degree professional and nursing educator. AAO affirmed director's finding of advanced degree qualification but found proposed endeavor insufficiently specific and lacked demonstrated national importance. Appeal dismissed.

Occupational therapist entrepreneur seeking EB-2 NIW for women's wellness and massage clinic claimed national importance based on small business, preventive healthcare, and job creation. AAO held specific endeavor lacks national importance because it would serve regional clientele only without broader field implications, and projected revenues and employment figures insufficient to demonstrate substantial economic effects.

A logistician seeking EB-2 NIW classification claimed a transportation services startup would improve supply chain operations and create jobs. The AAO dismissed the appeal, finding the specific endeavor lacked national importance despite the importance of the supply chain industry; unspecified economic benefits and job creation insufficient.

A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.

A nurse with advanced degree sought EB-2 classification and NIW. AAO affirmed denial, finding the proposed nursing work lacks national importance and does not impact the field broadly. Substantial merit was found but national importance was not established.

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.