Published AAO appeal decisions

CEO of automobile detailing and product retail company claims NIW for business expansion to New Jersey and California. AAO held endeavor lacks national importance; vague expansion plans without specific locations prevent establishing significant employment or economic effects.

Professional soccer player seeking EB-1A as intending soccer coach. AAO dismissed appeal, finding only two of six claimed criteria met. Petitioner lacked coaching evidence and sustained acclaim in new field; transition from athlete to coach does not satisfy extraordinary ability standard for small percentage at field's top.

A civil engineer self-petitioned for EB-1A extraordinary ability claiming five criteria. The AAO affirmed that only two criteria were met and dismissed because petitioner failed to demonstrate the extraordinary ability standard requiring sustained national or international acclaim at the very top of the field.

Structural engineer self-petitioner sought NIW for EB-2 based on sustainable construction and project management services. AAO affirmed Service Center denial, finding the specific endeavor lacked national importance despite working in an important field; modest scope and unsubstantiated economic projections insufficient.

A researcher with a doctoral degree sought a national interest waiver for an EB-2 petition proposing work on substance use disorder treatment. The AAO affirmed dismissal because the petitioner failed to demonstrate national importance of her proposed endeavor despite working in an important field, lacking specific independent evidence comparable to expert letters required.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.

HR manager and entrepreneur sought EB-2 NIW to establish consulting firm. AAO found she lacked advanced degree equivalency and that her proposed endeavor, though having substantial merit, failed to demonstrate national importance because it would not impact the HR field broadly or generate substantial economic effects beyond her future clients.

Journalist and media manager claimed extraordinary ability under EB-1A. Petitioner failed to establish three of ten regulatory criteria: no major award, membership evidence inadequate, and judging experience not equivalent to policy standard. Appeal dismissed, SCOPS denial affirmed.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.

Biomedical scientist sought EB-2 with national interest waiver for genetic research on medical conditions. AAO found petitioner failed to establish advanced degree eligibility due to translation deficiencies and did not demonstrate national importance of proposed endeavor, lacking specific prospective impact evidence.

An entrepreneur and training specialist sought an NIW after obtaining an advanced degree. The appeal was dismissed as moot because the petitioner obtained permanent resident status through an approved petition before the AAO decision.

Software engineer proposed AI and machine learning voice biometrics authentication system as self-petitioner for national interest waiver. AAO dismissed appeal because the specific endeavor lacked sufficient national importance, finding alignment with government initiatives and field importance alone insufficient without concrete economic impact projections.

An aircraft mechanic and technician sought EB-2 classification based on exceptional ability together with a national interest waiver. The appeal was dismissed because, although three initial criteria were met, he did not show expertise significantly above that of others in the field; the waiver was not reached.

A postdoctoral researcher in plant genetics sought EB-2 NIW classification through self-petition. The applicant demonstrated all three Dhanasar prongs: the research on plant resistance has national importance, the researcher has proven expertise and track record, and the U.S. benefits from the advanced STEM work. The appeal was sustained.

An avant-garde pop artist sought NIW for EB-2. The AAO found she met exceptional ability criteria but dismissed because her proposed endeavor lacks national importance. Expert letters discussing art's general value did not demonstrate how her specific work would benefit the U.S. economy or employment.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.

A business executive petitioned for EB-1A extraordinary ability status based on nine claimed criteria, including awards, membership, and high salary. The AAO found no major award and rejected lesser prizes and membership as nationally or internationally recognized. High salary finding was withdrawn due to insufficient documentation. The petitioner did not meet the initial three-criterion threshold and lacks sustained national or international acclaim.

Industrial engineer and entrepreneur proposed engineering consulting business in Florida focused on sustainability and efficiency. Petitioner failed to demonstrate national importance despite sustainability framework; modest employment projections and vague project specifics lacked evidence of broader impact.

A telecommunications engineer seeking EB-2 classification with national interest waiver claimed his endeavor would involve the BEAD broadband program. The AAO dismissed the appeal, holding the proposed endeavor lacked sufficient specificity and detail about what activities he actually intended to undertake, making it impossible to assess national importance.

A health management specialist sought EB-1A extraordinary ability classification, claiming three evidentiary criteria. The AAO found she met one criterion regarding scholarly articles but failed the membership criterion and reserved the leading role criterion. Because she did not establish three criteria, the final merits step was not performed, and the appeal was dismissed.

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.