Published AAO appeal decisions

A financial manager consultant claimed EB-2 classification as individual of exceptional ability and sought NIW. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability; she did not meet three criteria and lacked expertise significantly above ordinary levels in her field.

Entrepreneur in finance seeks EB-2 NIW to establish independent financial advisory firm. Petitioner claimed substantial merit and national importance but provided conflicting descriptions of the proposed endeavor across petition, business plan, and appeal brief. AAO dismissed appeal because inconsistencies preclude establishing that the endeavor has substantial merit and national importance.

Healthcare lobbying specialist in Brazil seeks EB-2 NIW. Claimed STEM field designation and pharmaceutical economics focus establish national importance. AAO dismissed, finding proposed endeavor lacks prospective impact on industry or economy beyond client work; STEM designation alone insufficient without demonstrated broader field impact.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

A pastor sought NIW classification for a pastoral counseling firm in Pennsylvania. The applicant claimed substantial social and cultural value. The AAO found the endeavor had substantial merit but lacked national importance, finding no evidence of broader field impact, job creation potential, or substantial economic effects beyond specific clients.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.

A legal analyst and entrepreneur sought NIW under Dhanasar, claiming advanced degree status and national importance of proposed legal consulting business. AAO dismissed because proposed endeavor lacked broader implications beyond company clientele; no substantial positive economic effects at national level demonstrated.

A nutritionist sought EB-2 national interest waiver for clinical pediatric nutrition work. The Director found the underlying EB-2 qualification established. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar prong one, requiring prospective impact beyond specific employers and patients.

An architect-type professional sought extraordinary ability classification, claiming eight of the ten evidentiary criteria. The AAO agreed with the Director that the claimed awards, membership, published material and original contributions criteria were not satisfied, so the three-criterion threshold was not met and the appeal was dismissed.

An entrepreneur with advanced degrees in finance and business sought EB-2 classification and a national interest waiver. The AAO affirmed denial, finding the proposed financial consulting and training endeavor lacked demonstrated national importance; general alignment with government priorities was insufficient.

Information specialist claims EB-2 exceptional ability and national interest waiver for DevOps and database management work. AAO held petitioner failed to establish national importance of proposed endeavor; lacks sufficient evidence connecting work to prospective U.S. economic benefits or job creation.

Musician and vocal artist with recent bachelor's degree sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met at least three criteria but failed final merits determination; record does not demonstrate sustained national or international acclaim or placement among small percentage at top of field.

Speculative designer claimed seven extraordinary ability criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and artistic display). Award lacked international recognition documentation, article published in non-major media, and leading role was contract work lacking organizational distinction. Overall evidence did not establish upper-echelon status.

Healthcare administrator seeking NIW for EB-2 to work in healthcare facilities and create consulting company. Claimed national importance through healthcare importance and business plan. AAO dismissed, finding endeavor has substantial merit but lacks national importance because work limited to individual company clients without broader field impact.

An MMA lightweight fighter sought EB-1A classification claiming a major international award and multiple alternate criteria. The AAO found the petitioner met published material and high salary criteria but lacked the major international award and failed to establish sustained national or international acclaim required for extraordinary ability.

Compliance attorney in healthcare fraud and tax law seeks NIW. Claimed endeavor has substantial merit and national importance identifying healthcare waste and ensuring tax compliance. AAO affirmed denial, finding no showing that proposed work extends beyond current employers or impacts field broadly, lacks significant employment or economic benefits.

A legal analyst sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor—legal analysis for U.S. companies and individuals—lacked the broader implications, national or global reach, and significant employment or economic impact required by Dhanasar's first prong.

Public relations consultant seeking NIW for EB-2. Claimed public relations work has national importance via articles and employment projections. AAO dismissed, affirming Director's finding that contradictory evidence and generic field importance do not establish national importance of petitioner's specific endeavor.

An entrepreneur seeking EB-2 NIW for a digital marketing and mobile app consultancy business claimed substantial merit and national importance. AAO agreed substantial merit was established but held the specific endeavor lacked national importance because it showed no broader implications beyond the company and its customers.

Bioanalyst and high school teacher seeking NIW for consulting business in bioanalysis and STEM education. Claimed endeavor would advance science education and economic growth. AAO dismissed appeal, finding proposed endeavor lacked national importance and petitioner not well-positioned to advance it.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A physician and healthcare management professional sought EB-2 classification with a national interest waiver to open a healthcare company targeting the Latino community. The AAO held the proposed endeavor lacked national importance because it would benefit only direct clients, not the healthcare industry or economy broadly.

A soccer director seeking EB-2 with NIW to establish a youth and community development organization. Claimed her endeavor had substantial merit and national importance. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance; its positive economic effects were not commensurate with national-level significance.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

Logistics manager consultant sought EB-2 with NIW to open pharmaceutical consulting company. AAO held she lacked advanced degree or exceptional ability for EB-2; failed first Dhanasar prong because proposed endeavor lacked national importance, showing only local client value without broader field implications.