Published AAO appeal decisions

Systems engineer and project manager with advanced degree sought national interest waiver for EB-2 by claiming endeavor to close diversity gaps in STEM through educational programs. AAO found proposed work lacked sufficient prospective impact beyond specific students to meet national importance standard and thus failed first Dhanasar prong.

Sales and marketing officer seeks NIW and exceptional ability classification. AAO found he does not qualify as advanced degree professional and lacks three exceptional ability criteria. Appeal dismissed because proposed marketing work lacks demonstrated national importance.

An ophthalmology researcher with advanced degrees sought EB-2 with national interest waiver for continued research on retinal diseases and treatments. The AAO sustained appeal, finding all three Dhanasar prongs met: her research has substantial merit and national importance, she is well positioned to advance it, and her contributions benefit the United States.

Physics doctoral candidate seeking NIW for hypersonic technology research. AAO affirmed denial, finding proposed endeavor has national importance but applicant not well positioned to advance it. Master's degree and publications alone insufficient; lacked demonstrated role securing funding or generating field impact.

Nurse practitioner sought NIW for EB-2. Petitioner claimed national importance based on occupation's overall value and COVID-19 pandemic, plus conference attendance and multilingual background. AAO dismissed, finding benefit to individual patients and local conference attendance insufficient to establish national importance; endeavor must have broader implications beyond current employment.

A singer sought EB-1A extraordinary ability classification, claiming seven criteria. The AAO found three criteria met (awards, published material, judging), satisfying the threshold, but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field.

A graduate student in architecture sought an EB-2 exceptional ability classification with a national interest waiver. The AAO held that the salary and recognition criteria were unmet, since scholarships were not shown to be remuneration or significant recognition. Without three criteria, waiver analysis was not reached and the appeal was dismissed.

Dentist and entrepreneur seeks NIW for dental implantology research and treatment. AAO held proposed endeavor lacks national importance because it benefits only the petitioner's patients and employer without broader implications for U.S. workforce or economy, thus denying NIW eligibility.

A mechanical engineering professor from Nigeria claimed extraordinary ability through judging, scholarly articles, and critical roles. The AAO found he met three initial criteria but lacked evidence of sustained national or international acclaim or placement among the small percentage at the very top of his field.

Software developer seeks NIW for web system design and development. AAO held while software development has substantial merit, work lacks national importance because it benefits only employer and its users without broader impact on IT field or U.S. economy through job creation or economic effects.

A geriatric nurse with an advanced degree sought national interest waiver of labor certification. She qualified for EB-2 advanced degree status but failed to establish national importance: her patient care, manuals, and lectures lacked documentary evidence of broader impact beyond her individual patients and facility.

A weightlifter with exceptional ability seeks NIW for EB-2. AAO dismissed appeal because petitioner failed to provide specific proposed endeavor at filing; general intent to work in weightlifting lacks national importance and substantial merit as required.

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

Chief technology officer claims extraordinary ability based on patents and press coverage. AAO found articles focus on company work, not personal achievements, and patents lack demonstrated major significance in field. Appeal dismissed without reaching remaining criteria.

Cancer researcher sought EB-1A extraordinary ability classification. Claimed five criteria; Director found two met. Petitioner on appeal asserted three additional criteria and high salary. AAO found only two criteria satisfied overall and dismissed appeal because petitioner failed to meet the three-criterion threshold for extraordinary ability.

A postdoctoral researcher in computational chemistry sought EB-1A classification. The AAO found he satisfied three initial criteria: judging, scholarly articles, and original contributions. However, the final merits determination concluded he lacked the sustained national or international acclaim required, despite recognizable contributions early in his career.

Quality assurance associate in pharmaceutical industry sought EB-1A extraordinary ability classification. Claimed four criteria; director found two met. AAO dismissed, holding petitioner failed to meet three of ten required criteria and lacks the sustained acclaim and top-tier recognition required.

Architectural drafter sought EB-2 NIW classification. Proposed to work on healthcare facility design and eventually become senior designer. AAO dismissed, holding proposed work lacks national importance; confined to employer projects without demonstrating substantial positive economic effects or broader field impact.

A security advisor seeks NIW for EB-2 claiming a security management and counterterrorism role of national importance. The AAO dismissed the appeal, finding the petitioner did not sufficiently demonstrate that the specific proposed endeavor has national importance beyond general field significance; evidence of prospective impact was insufficient.

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.

Research scientist in molecular virology claimed four criteria. AAO found three met: judging, original contributions, and scholarly articles. However, appeal dismissed because evidence as a whole does not show sustained national or international acclaim or placement among the very top of the field.