Published AAO appeal decisions

Automotive service technician seeks EB-2 NIW for process toolmaking and quality control in automotive manufacturing. AAO dismissed appeal on two independent grounds: deficient signature on appeal form, and lack of national importance of proposed endeavor under Dhanasar first prong.

Self-petitioner aeronautical engineer proposing to establish aircraft maintenance and repair services business. Claimed national interest waiver. AAO dismissed appeal because proposed endeavor lacks the national importance required by first prong of Dhanasar framework; business lacks broader implications beyond clients and employees.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

Financial specialist seeking EB-2 exceptional ability with NIW. Proposed founding financial analysis and planning services firm. AAO affirmed denial: has substantial merit but lacks national importance; modest job creation and revenue projections insufficient for national-level economic impact.

Senior AI researcher sought EB-2 NIW for research on disease prediction using biomedical data and modeling. AAO held specific endeavor lacks national importance; research field importance and petitioner credentials do not demonstrate broader industry or national impact.

A business administration consultant seeks EB-2 NIW for a startup consulting company. Director denied the petition. AAO affirmed, finding the proposed endeavor has substantial merit but lacks national importance; helping unidentified SMEs and employing seventeen workers does not rise to national impact required under Dhanasar.

Architect proposing to establish an architecture firm claimed national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or substantial prospective economic benefit to rise to the required level.

Entrepreneur in fitness and health industry sought EB-2 NIW to expand business. AAO held endeavor has substantial merit but lacks national importance; fitness industry significance does not establish applicant's specific business impact at national level; appeal dismissed.

Logistics entrepreneur claiming NIW for business management company. Advanced degree holder qualified for EB-2. Claimed supply chain improvements and job growth demonstrate national importance. AAO found proposed endeavor lacks broader implications and substantial economic impact required for national importance under Dhanasar.

A trucking entrepreneur from Uzbekistan seeking EB-2 national interest waiver. Proposed startup projected 35 jobs and $58.2 million economic contribution. AAO found unsupported claims and undocumented indirect job projections. Impact deemed local rather than national; court reserved remaining prongs after first-prong failure.

Facilities manager claiming EB-2 with national interest waiver. AAO affirmed Director's finding that proposed endeavor lacks national importance; work limited to immediate employers and clients with no broader field or economic impact. Appeal dismissed.

A Russian-trained musician seeks EB-1A classification for extraordinary ability. He claimed five criteria but only addressed awards on appeal. The AAO found he failed to satisfy three of ten criteria and lacks sustained national or international acclaim required for the classification.

A computer science lecturer and network consultant sought EB-2 with national interest waiver for research and academic roles. The AAO affirmed denial based on failure to demonstrate the petitioner was well-positioned to advance the proposed endeavor; insufficient evidence of funded research or meaningful field impact.

Industrial engineer seeks NIW for EB-2 exceptional ability classification as industrial designer developing sustainable construction products. AAO dismissed appeal, finding no demonstrated national importance: benefits limited to petitioner's clients without broader field implications or substantial positive economic effects.

A software developer specializing in 3D digital scanning since 1998, working as CTO for a major dental scanning company, sought EB-1A classification. The AAO found three criteria met and, reviewing the record holistically, determined the evidence established sustained national acclaim and top-tier status. Appeal sustained.

A Kyrgyz history and culture scholar claims extraordinary ability in EB-1A. Director found evidentiary criteria met but denied on final merits. AAO sustained denial, finding the petitioner accomplished but not among the very top of the field despite national recognition and publications.

Gymnastics coach sought EB-1A extraordinary ability classification. Claimed five criteria; AAO found only judging criterion met. Appeal dismissed because petitioner failed to establish three required criteria and lacks sustained national or international acclaim at top of field.

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

Cybersecurity professional seeking EB-2 exceptional ability with NIW. Proposed founding cybersecurity consulting business. AAO affirmed denial: endeavor has substantial merit but lacks national importance; government strategy references address field broadly, not petitioner's specific proposed work.

A dentist and entrepreneur sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner's dental degree was not a doctoral degree as required; dentistry customarily requires a DDS or DMD. Because the underlying EB-2 classification was not established, the NIW was not addressed.

Sports industry professional sought EB-2 NIW for business venture. AAO dismissed appeal, finding no demonstrated national importance under Dhanasar's first prong. Petitioner conflated industry importance with specific endeavor impact; failed to show company would operate at national scale or generate substantial economic effects.

Chief executive and entrepreneur with advanced degree sought EB-2 national interest waiver. Qualified for underlying advanced degree classification. AAO held proposed endeavor lacked national importance under first Dhanasar prong: petitioner failed to demonstrate substantial U.S. economic impact, job creation, or broader field implications beyond personal work with selected companies and clients.

Author sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner satisfied fewer than three initial regulatory criteria; withdrew published material finding and rejected high salary claim, concluding overall record lacks evidence of sustained acclaim required for top-tier classification.

An airline pilot sought a national interest waiver under the Dhanasar framework, relying on the shortage of pilots and the importance of aviation. The AAO dismissed the appeal because the proposed endeavor, though meritorious, was not shown to have national importance. The other two prongs were reserved.

An accounting specialist entrepreneur sought EB-2 national interest waiver to hire forty-four employees. The AAO affirmed denial under Dhanasar's first prong: while the endeavor has substantial merit, it lacks national importance. The petitioner failed to show significant potential to employ U.S. workers or substantial positive economic effects beyond her company.