Published AAO appeal decisions

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

An actor sought extraordinary ability classification under EB-1A. The service center denied the petition partly because the petitioner failed to demonstrate intent to continue work in the field in the United States despite requests for evidence. The AAO dismissed the appeal without addressing the claimed evidentiary criteria because the petitioner waived the intent to work issue.

A neuroscientist with postdoctoral research position seeks EB-1A extraordinary ability classification. He claimed three criteria: judging, scholarly articles, and original contributions. The AAO found he met judging and scholarly articles but not original contributions of major significance. He failed to meet the final merits threshold requiring sustained national or international acclaim.

Hair stylist sought EB-1A extraordinary ability classification. AAO found she met three initial criteria: published materials about her work, participation as judge, and display of work at artistic exhibitions. Matter remanded for final merits determination on sustained acclaim and top percentile standing.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

An IT coordinator sought an EB-2 exceptional ability classification with a national interest waiver. The AAO found he met none of the six exceptional ability criteria, including withdrawing the earlier finding on professional membership, and declined to reach the waiver questions, so the appeal was dismissed.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

An attorney specializing in international dispute resolution and arbitration claimed EB-1A classification. The Director improperly dismissed the petition without analyzing evidentiary criteria, wrongly concluding attorneys fall outside extraordinary ability categories. The AAO found the petitioner's work in international arbitration falls within the business field and remanded for proper evaluation of claimed criteria.

Weight loss center operator sought extraordinary ability classification. Met only one of four claimed criteria. AAO found insufficient evidence of sustained national or international acclaim or demonstration of career of acclaimed work in health and wellness field.

Artist seeking EB-1A extraordinary ability classification. AAO dismissed appeal because she failed to meet at least three evidentiary criteria: awards were not shown to be nationally or internationally recognized, and membership in associations was not conditioned on outstanding achievements as judged by recognized experts.

A sales director seeks national interest waiver for EB-2 classification. The AAO held he did not qualify for underlying EB-2 classification as exceptional ability, having failed to meet at least three of six regulatory criteria. National interest waiver analysis was not reached because eligibility for the base classification was not established.

Media and marketing professional with LLC startup sought NIW for EB-2 classification. Proposed marketing services and training workshops for clients. AAO affirmed endeavor has substantial merit but lacks national importance; proposed work benefits specific clients and trainees without broader impact on advertising or marketing field. First prong failed.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

Real estate developer sought EB-1A extraordinary ability classification. Initial approval was revoked. AAO held petitioner failed to demonstrate eligibility because she did not provide clear evidence that she would continue work as real estate developer in United States; supporting documents were undated, illegible, or belonged to spouse.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

Coaching professional applied for EB-2 with advanced degree or exceptional ability, plus NIW. AAO found petitioner lacked five years progressive experience in specialty and failed to establish exceptional ability through required criteria. Decision did not reach NIW analysis because petitioner failed prerequisite EB-2 eligibility.

A managing director seeks national interest waiver for EB-2 classification. He claimed his alternative investment program has substantial merit and national importance with potential to attract foreign capital. The AAO held the endeavor lacks sufficient national importance because evidence does not demonstrate specific industry-level impact beyond general economic activity.

Engineering manager in aerospace field seeking EB-1A extraordinary ability classification. Met judging criterion but evidence of impact contradictory; innovations limited to employer company without proven broader industry adoption. AAO dismissed because overall evidence insufficient to demonstrate sustained national or international acclaim required for extraordinary ability.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Architect sought national interest waiver for EB-2 classification. Appeal summarily dismissed because petitioner failed to file brief or statement identifying errors in director's decision within required timeframe, only asserting general eligibility without substantive analysis of Dhanasar prongs.

An entrepreneur in vehicle competition and recreation sought EB-1A extraordinary ability. AAO remanded because the Director failed to properly analyze several claimed criteria and applied unsupported evidentiary standards, particularly regarding published material and continuation of work in the United States.

An actress in Chinese film and television sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, holding that while petitioner met three evidentiary criteria, the record did not demonstrate sustained national or international acclaim required under the two-part Kazarian analysis.