Published AAO appeal decisions

A water polo player claimed four EB-1A criteria but satisfied only one. AAO affirmed dismissal, finding no major award, insufficient criteria met, and no evidence of the extraordinary sustained acclaim required for EB-1A classification at the sport's highest level.

A civil engineer researcher seeks NIW for EB-2 to continue research on earthquake-resistant geotechnical systems in the U.S. AAO found the endeavor has substantial merit but lacks national importance; no evidence showed broader implications for related industries or nationally significant STEM advancement.

Consultant and entrepreneur proposed establishing consulting company serving SMEs. AAO held the endeavor lacks national importance because petitioner showed only direct client benefits and failed to demonstrate broader field impact at level required by Dhanasar.

Oracle technical consultant seeking national interest waiver for EB-2 advanced degree petition. Petitioner qualified for underlying EB-2 but failed to establish endeavor's national importance; company would benefit individual clients and SMBs without demonstrating broader field, regional, or national impact required by Dhanasar.

An insurance company executive sought EB-2 national interest waiver for a proposed life insurance company. The AAO dismissed the appeal, finding the applicant failed to establish national importance of the specific endeavor, and declined to reach the remaining Dhanasar prongs.

A business consultant mentoring immigrant entrepreneurs claimed extraordinary ability. The AAO found he did not meet the threshold of three evidentiary criteria and, alternatively, that he failed to demonstrate sustained national or international acclaim and place among the very top of his field.

Environmental engineer claimed six criteria for extraordinary ability. AAO affirmed judging and scholarly articles criteria but rejected membership, published material, and original contributions. No evidence of sustained national or international acclaim or top-tier status required for EB-1A classification.

A health promoter with twelve years experience sought NIW as EB-2 member of professions. AAO dismissed, finding proposed health promotion endeavor lacks national importance. Generic health promotion work does not demonstrate impact beyond a specific organization or extend broadly enough to affect the field at national level.

Self-petitioner teacher proposes English language instruction business in Florida targeting legal immigrant communities, claiming alignment with federal immigration priorities. AAO dismissed because petitioner failed to establish national importance; addressing important social issue insufficient; no evidence of broader field impact, substantial economic effects, or nationwide job creation.

A real estate broker seeks extraordinary ability classification. She claimed membership and high salary criteria. The AAO affirmed denial because she did not receive a major award, did not meet three alternative criteria, and did not establish sustained national or international acclaim required for EB-1A.

Entrepreneur sought EB-2 national interest waiver for eco-friendly furniture manufacturing and consulting business. This is a second motion to reconsider a prior dismissal. The AAO dismissed, finding the petitioner failed to demonstrate the prior appellate decision misapplied Dhanasar framework; economic activity from the proposed endeavor remained too localized.

A business executive in the pomegranate industry sought EB-1A extraordinary ability classification. The AAO dismissed motions to reopen and reconsider, finding the petitioner failed to establish three required criteria on published material and high salary, and did not meet the initial evidentiary threshold.

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were not addressed.

Co-founder and CEO of financial technology company claiming extraordinary ability through lesser awards, memberships, published materials, and leadership role. AAO found awards criterion not met because award belonged to employer; membership criterion not met because petitioner failed to demonstrate it applies; and overall record lacks evidence of sustained acclaim among the very top of the field.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

A research scientist self-petitioned for EB-2 national interest waiver based on her proposed machine learning and single-cell RNA research. The AAO dismissed because the proposed endeavor lacked demonstrated national importance beyond the importance of the field itself. The record provided only generalized information and publication citations unrelated to the specific endeavor's broader impact.

Nanotechnology scientist in renewable energy seeking EB-2 with national interest waiver. Petitioner holds advanced degree and established proposed endeavor has substantial merit and national importance through research dissemination plans. AAO reversed SCOPS denial on first prong and remanded for analysis of remaining Dhanasar criteria.

Martial artist from Uzbekistan seeks extraordinary ability classification. Met four initial criteria but dismissed on final merits. Documented achievements only through 2018; gap of years without evidence of sustained national or international acclaim through filing date.

Environmental engineer claims NIW eligibility for research on water treatment and scale formation processes. AAO held proposed endeavor lacks sufficient national importance despite substantial merit; citations and industry reports insufficient to establish specific prospective impact at national level.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

A chief executive officer and entrepreneur seeks EB-1A classification claiming published material, awards, and membership criteria. The AAO withdrew the service center's favorable finding on published material, rejected awards and membership claims for insufficient evidence, and found the petitioner failed to meet the threshold of three qualifying criteria.

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

A scientific researcher sought EB-1A extraordinary ability classification. The AAO dismissed a combined motion to reopen and reconsider because the petitioner failed to submit new facts or identify deficiencies in the prior dismissal; resubmitted evidence previously rejected and could not consider post-petition publications.

Historical architect sought EB-2 with NIW. After initial denial and multiple unsuccessful motions, the AAO dismissed a final motion to reopen because the petitioner failed to demonstrate that filing delays were reasonable and beyond her control, and did not submit new facts supporting reconsideration.