Published AAO appeal decisions

Structural engineer seeks EB-1A classification. Membership and display criteria abandoned by failure to respond to RFE. Original contributions not established as major significance; sole attribution not demonstrated. SCOPS decision affirmed as reasoned. Petitioner did not establish three of ten criteria required for extraordinary ability classification; appeal dismissed.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

Helicopter pilot claimed EB-1A extraordinary ability based on being first female pilot in jurisdiction and other criteria. Service center found only published material satisfied. AAO affirmed, finding award was appreciation certificate, judging claim unsupported, and being first female lacks regulatory significance. With only one criterion met, threshold requirements failed. Appeal dismissed.

A computer science researcher with a PhD seeks EB-2 with NIW based on AI and STEM education research. SCOPS found she qualified for underlying EB-2 but denied NIW. The AAO affirmed because her proposed endeavor lacked sufficient specificity and corroborating evidence to establish national importance under Dhanasar's first prong.

Ph.D. student in molecular biology proposes cancer research on environmental, molecular, and genetic disease mechanisms. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner insufficient evidence of prior success or progress to show capacity to advance the proposed research.

Business systems analyst claimed eight criteria for EB-1A extraordinary ability. AAO found she met at least three criteria at step one but lacked sustained national or international acclaim and recognition of extraordinary ability at the merits stage, dismissing the appeal.

A civil engineer sought NIW for advanced-degree EB-2, proposing a scaffolding and shoring equipment business in Florida. The AAO dismissed the appeal, agreeing the endeavor had substantial merit but finding insufficient evidence that the specific endeavor would have national importance beyond local impact or economic significance.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

Mechanical engineer petitioner seeks NIW for self-sponsored work on driving automation technologies. Claimed substantial merit and national importance of proposed endeavor. AAO affirmed denial, finding work lacked demonstrated national importance beyond employer and failed first prong.

Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second prong.

A global operations and maintenance manager sought a national interest waiver under EB-2 for an advanced degree to implement lifecycle facility management systems for energy sectors. The AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance despite work in a prioritized industry.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.

A digital product technical consultant with an advanced degree proposed developing an interoperable health data platform for chronic disease management. The AAO dismissed the appeal, finding her endeavor has substantial merit but lacks national importance; recommendation letters and projections lack sufficient documentary evidence of broader impact beyond her employer and clients.

A CEO and co-founder sought EB-1A extraordinary ability classification. The AAO remanded the case because SCOPS relied on undisclosed research and failed to incorporate all evidence into the record or consider petitioner's comparable evidence requests under regulatory provisions.

An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.

An international travel company owner claimed EB-1A extraordinary ability in entrepreneurship and tourism. Although SCOPS found four criteria met, the AAO determined the membership criterion failed because fellowship does not require expert judgment of outstanding achievement. The AAO dismissed, finding petitioner merely very good, not among the small percentage at field's very top.

Sustainable energy engineer claimed extraordinary ability via four criteria. AAO affirmed denial, finding only one initial criterion met (original contributions), insufficient to proceed. Published materials did not appear in major media; awards lacked national recognition. Final merits determination showed rising star status but not top-tier placement.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Optical science engineer with Ph.D. in applied physics sought EB-2 with national interest waiver for research on quantum materials and superconductors. AAO found research meets first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor as required by second prong.

A business development manager seeks EB-1A visa. Appeal dismissed because AAO withdrew service center's findings on three of four criteria met, leaving only one satisfied criterion. Evidence lacks documentation of national or international acclaim or top-tier standing in field.

Teacher claiming extraordinary ability under EB-1A. AAO dismissed appeal, finding petitioner met zero of the evidentiary criteria claimed; awards lack recognition, memberships unsubstantiated, published material insufficient, judging participation undocumented. Threshold of three criteria not met.

Musician and singer seeks EB-1A extraordinary ability classification. Claimed three criteria in record: awards, published material, and original contributions. All three were rejected: awards lacked evidence of national or international recognition, published material was insufficient, and contributions were undemonstrated. AAO declined to address exhibitions and leading role criteria raised for first time on appeal.

An individual seeking extraordinary ability classification filed a third combined motion to reopen and reconsider after an earlier denial and appeal dismissal. The petitioner offered medical records to excuse an untimely earlier motion. The AAO dismissed it, finding no new facts showing error and no legal basis to accept a late motion to reconsider.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.