Published AAO appeal decisions

A singer claimed extraordinary ability through seven criteria: awards, published material, judging, original contributions, displays, and two unspecified criteria. She met judging and display criteria but fell short of the required three minimum. The AAO dismissed the appeal, finding the evidence insufficient to demonstrate sustained national or international acclaim at the very top of her field.

Tax accountant seeks extraordinary ability classification. Met three criteria on initial evidence; however, final merits determination found no sustained national or international acclaim or placement among small percentage at field top, warranting dismissal.

Economist with advanced degrees and federal and academic experience seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO found proposed work in economics research has substantial merit but lacks national importance: petitioner provided only vague references to prior work without detailing specific prospective impact. Appeal dismissed.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Entrepreneur sought NIW as EB-2 exceptional ability individual in business. AAO affirmed that petitioner failed to establish advanced degree or exceptional ability qualification under underlying EB-2 category. Dhanasar framework analysis not reached due to lack of prerequisite eligibility.

A software developer and entrepreneur sought EB-2 classification as individual with exceptional ability or advanced degree, with national interest waiver. The AAO found the petitioner failed to establish exceptional ability and lacked an advanced degree equivalent; therefore ineligible for underlying classification and national interest waiver analysis was unnecessary.

Physician seeking NIW under EB-2 for proposed work as medical scientist conducting disease research. AAO held first prong met but second prong failed because petitioner is not well positioned to conduct medical research given background only in medical practice. Substantial material change between initial and revised proposed endeavors also demonstrated lack of positioning.

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

Elementary school teacher seeks NIW for classroom instruction in special education and Portuguese language, plus hypothetical cultural center activities. AAO held classroom teaching and curriculum development lack national importance because one additional teacher does not mitigate workforce shortage or provide discernible impact.

Physical therapist assistant sought EB-2 exceptional ability classification and NIW. Director approved exceptional ability; AAO withdrew that finding and found petitioner did not qualify for underlying EB-2 classification due to insufficient evidence of degree equivalency and continuous professional licensure, rendering NIW analysis unnecessary.

Fashion designer sought EB-1A extraordinary ability classification. Met only one of ten criteria (exhibitions). AAO affirmed denial: petitioner did not establish three required criteria and failed to show sustained national or international acclaim or position among top of field.

CEO and entrepreneur sought EB-2 exceptional ability classification and NIW. Director denied both. AAO affirmed, finding petitioner did not qualify for underlying EB-2 as advanced degree professional or exceptional ability due to insufficient academic documentation, lack of progressive work experience, and deficient evidentiary support, rendering NIW analysis unnecessary.

Costume designer for sports and theatrical productions sought EB-1A extraordinary ability classification. AAO found petitioner met only one of ten evidentiary criteria (exhibitions). Additional criteria claimed but insufficient documentation provided. Appeal dismissed; petitioner lacks sustained national or international acclaim.

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Public health specialist seeks NIW for work in immunization, disease prevention, and maternal health. AAO held while public health field has merit, petitioner failed to identify specific projects or demonstrate prospective work extends beyond employers to impact public health field broadly at national level.

An athlete competing since 2003 in national and international events including world championships sought EB-1A classification. The AAO dismissed the appeal, finding a single 2006 national championship title and participation in world championships did not demonstrate the sustained acclaim and top-tier field status required for extraordinary ability.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.

A micropigmentation professional sought EB-2 classification as individual of exceptional ability and NIW. The AAO dismissed, finding she met only one of three required criteria for exceptional ability: a license to practice. Training certificates did not qualify as official academic records; membership claim was not properly substantiated.

An accountant with advanced degree sought national interest waiver for EB-2 classification. The petitioner claimed his tax planning and accounting work would have national importance. The AAO found the proposed endeavor had substantial merit but lacked national importance because benefits would not extend beyond his employer and clients or impact the accounting industry broadly.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

A legal consultant self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, agreeing the proposed endeavor lacks national importance under Dhanasar's first prong. Cross-border business consulting for a specific firm and its clients did not demonstrate broader implications for the field or substantial positive economic effects.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Pharmaceutical scientist seeks national interest waiver of job offer requirement under EB-2. Met first prong showing substantial merit and national importance of proposed drug formulation research, but failed second prong lacking sufficient evidence of positioning to advance the work.