Published AAO appeal decisions

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.

A neurological surgeon claimed seven criteria for EB-1A extraordinary ability. The AAO affirmed the Director's finding that she met judging and scholarly articles but rejected awards and membership, and determined that meeting only two criteria did not demonstrate sustained national or international acclaim at the top tier.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.

Marketing manager sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed marketing work benefited only employer, lacking documented broader field implications or substantial economic benefits needed for national importance.

An attorney specializing in environmental and energy law sought EB-2 national interest waiver. The AAO found substantial merit in the proposed endeavor but concluded the petitioner failed to establish national importance under Dhanasar's first prong; recommendation letters addressed past work rather than the specific prospective endeavor details required.

A dentist/manager sought EB-2 national interest waiver to open a dental practice and mobile services in Florida. The AAO affirmed the director's finding that while the petitioner qualified as advanced degree professional, the proposed endeavor lacked national importance; serving specific patients and markets did not demonstrate broader field or economic impact.

Financial manager sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed work advising on financial investments and capital allocation. AAO affirmed denial, finding insufficient evidence that proposed endeavor would impact the financial field or nation's economy broadly or create substantial US employment.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

A film and television director sought EB-1A extraordinary ability classification. The AAO found she satisfied only the judging criterion and concluded she had not demonstrated sustained national or international acclaim or status among the small percentage at the very top of her field.

A financial manager seeks NIW under EB-2. He claimed his proposed endeavor had substantial merit and national importance. The AAO found substantial merit but not national importance because his work would not extend beyond his employer to impact the financial services field more broadly.

An aeronautical engineer sought a national interest waiver for EB-2 classification to advise aviation manufacturers. The AAO dismissed the appeal because his proposed specific endeavor lacked demonstrated national importance despite his expertise and credentials, failing to show sufficient prospective impact on the aviation industry.

Global supply chain director seeks NIW to work with small U.S. companies serving the aerospace sector. Petitioner claimed proposed endeavor has national importance. AAO affirmed denial, finding the specific endeavor lacks national importance; economic benefits limited to particular employers or clients without broader field implications.

Actor in Chinese film, television and theater sought EB-1A extraordinary ability. AAO dismissed appeal, holding petitioner met three regulatory criteria but failed the final merits determination requiring sustained national or international acclaim and placement among the small percentage at the very top of the field.

An associate professor of geotechnical engineering in Venezuela sought EB-1A classification. He claimed seven criteria but met only two: judging and scholarly articles. The AAO dismissed because he failed to establish three criteria, and the record did not demonstrate sustained national or international acclaim or that he ranks among the very top in his field.

A reggae guitarist filed for EB-1A extraordinary ability claiming six criteria. The AAO affirmed the director's finding that the petitioner met only one criterion and dismissed the appeal, holding the remaining evidence insufficient to establish either a one-time achievement or three qualifying criteria.

A personal fitness trainer claimed extraordinary ability based on work with one film production. The AAO affirmed the director's finding that she met only one criterion and lacked evidence of sustained national acclaim or top-tier status.

An electric car system engineer sought EB-2 with national interest waiver. He claimed advanced degree eligibility and proposed future employment or business ventures in vehicle systems. The AAO affirmed denial, finding he failed to identify a specific, clearly-defined endeavor with substantial merit and national importance; broad industry growth alone does not satisfy Dhanasar.

A stage actor sought EB-1A extraordinary ability classification. Although the AAO found she met at least three of ten evidentiary criteria, it dismissed her appeal because her local and regional theater success, Latino-focused media coverage, and festival participation did not demonstrate sustained national or international acclaim among the very top of the field.

Long-distance runner sought EB-1A extraordinary ability classification. Claimed three evidentiary criteria: prizes, published material, and original contributions. AAO affirmed one criterion met but rejected published material as limited to local coverage and original contributions absent, failing three-criterion threshold.

A percussionist who accompanies well-known artists sought extraordinary ability classification, claiming six criteria. The AAO held that awards, membership, exhibitions and commercial success were not satisfied, reserved two others, and so found fewer than three criteria. It added that the record showed no sustained acclaim.

Finance manager sought EB-2 classification with national interest waiver. Service center found advanced degree qualification but denied waiver. Petitioner asserted national importance through financial management benefits and community financial literacy. AAO held proposed work lacked national importance under Dhanasar first prong and dismissed appeal.

A physician and researcher seeks a national interest waiver for EB-2 classification to continue arthroplasty research aimed at improving joint replacement outcomes. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it, and waiving the job offer requirement would benefit the United States given his proven research capabilities.

A television and movie producer in China claimed extraordinary ability, satisfying only scholarly articles of ten criteria. The AAO affirmed that five additional claimed criteria were not met or lacked sufficient evidence, and concluded no extraordinary ability was shown, dismissing the appeal.

Poet seeks EB-1A extraordinary ability classification. Met awards and judging criteria but failed published material criterion due to documentation defects and unverified translations. AAO found insufficient evidence of sustained national or international acclaim required for extraordinary ability.

A postsecondary education administrator sought EB-2 with national interest waiver. She claimed advanced degree eligibility and intended to continue education administration work, proposing benefits to higher education broadly. The AAO affirmed denial, finding no evidence her specific endeavor extends beyond individual employers to affect the field or system at a national level.