Published AAO appeal decisions

A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.

Biomedical researcher seeks EB-2 with national interest waiver. AAO found proposed research endeavor has substantial merit and national importance but concluded petitioner lacks adequate credentials, publications, and documented education to be well positioned to advance it. Appeal dismissed on second prong failure.

A remote sensing research scientist claimed five evidentiary criteria. SCOPS found three met: published material, judging, and scholarly articles. AAO affirmed dismissal on final merits, finding the petitioner is productive but lacks sustained national or international acclaim required for extraordinary ability.

An archival researcher and producer sought EB-1A extraordinary ability classification. She met two of six claimed criteria: judging and artistic display. The AAO dismissed her appeal because the evidence did not demonstrate sustained national or international acclaim or that she represented a career of acclaimed work at the very top of her field.

Restaurant entrepreneur seeks EB-1A extraordinary ability classification. Petitioner met at least three regulatory criteria but AAO affirmed denial, holding that meeting criteria alone does not establish extraordinary ability. Evidence lacked sufficient quality and probative value to demonstrate sustained national acclaim and placement among the very top.

A rally racing athlete and entrepreneur sought EB-1A extraordinary ability classification. The petitioner claimed seven criteria; SCOPS found two met (leading role and high salary) but the AAO affirmed dismissal, finding the petitioner satisfied only two criteria when three minimum were required, and the overall evidence lacked sufficient quality and probative value.

An applicant with advanced degree sought NIW EB-2 to develop blockchain and smart contract technologies for insurance, alongside academic teaching. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacking national importance; the proposed product and teaching activities would not impact the field broadly enough.

Assistant professor of advertising seeking EB-1A extraordinary ability classification claimed four criteria; met three (judging, scholarly articles, leading role). AAO dismissed appeal, finding petitioner failed final merits step: evidence does not demonstrate sustained national or international acclaim required to place her among field's top tier.

A relationship manager with advanced degree seeks NIW claiming to improve financial access and security through Islamic finance services. AAO affirmed denial because the petitioner failed to establish national importance of the specific proposed endeavor, lacking sufficient detail about strategies and prospective nationwide impact.

Professional with advanced degree in geodetic engineering sought EB-2 NIW for co-living management system for senior citizens. Proposed endeavor has substantial merit addressing housing and aging issues, but petitioner failed to demonstrate national importance; impact limited to end users without evidence of broader field transformation or economic benefits.

Civil engineer and entrepreneur sought NIW for EB-2 advanced degree to operate a real estate technology startup focused on affordable housing. AAO found endeavor lacked national importance because record did not sufficiently demonstrate prospective impact at national or industry level, and petitioner was not well-positioned to advance it.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

Co-owner of bakery specializing in Brazilian sweets seeks EB-1A extraordinary ability classification. Applicant claimed six criteria including awards, membership, and judging. AAO found applicant met none of three required initial criteria because awards and judging experience were in culinary arts not business, and association membership did not demonstrate outstanding achievements in business field.

An avionics specialist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because he did not show ten years of full-time experience with reliable evidence, so he lacked the underlying classification and the waiver analysis was not reached.

Salsa dancer, choreographer, and instructor on third motion to reopen. Met three regulatory criteria but failed final merits determination. AAO found insufficient sustained acclaim and placement among very top of field despite new evidence submission.

Brazilian jiu-jitsu athlete and coach claimed four criteria on appeal. Service center found no criteria met. AAO confirmed petitioner failed to establish three required criteria. Evidence of awards, publications, and leadership roles insufficient. Petitioner does not demonstrate sustained national or international acclaim.

Electrical engineer in semiconductor power electronics sought EB-1A classification. Petitioner met three evidentiary criteria including scholarly articles, high salary, and judging work. However, AAO dismissed appeal because evidence did not demonstrate sustained national or international acclaim necessary to establish placement among the small percentage at the field's very top.

Industrial engineer sought EB-2 national interest waiver for project engineer role. Petitioner is advanced degree professional but failed first Dhanasar prong: proposed endeavor lacks national importance despite alignment with environmental priorities and cost reduction potential on individual projects.

Truck driver and entrepreneur sought NIW for transportation and logistics venture. AAO dismissed, finding proposed endeavor lacks national importance despite acknowledging substantial merit. Without first prong satisfied, Dhanasar analysis terminates and second and third prongs need not be reached.

A petitioner sought EB-2 NIW classification for a Russian economics graduate. The AAO dismissed her combined motion to reopen and reconsider, holding the bachelor degree was completed in less than four years and the academic evaluation did not credibly establish foreign equivalency to a U.S. four-year degree.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Technology professional claiming extraordinary ability under EB-1A. Petitioner asserted five criteria on appeal, three on merit review: original contributions, leading role, and published material. AAO affirmed denial, finding contributions lack specificity and field-wide impact, and leading role lacks hierarchy detail. Failed to meet required minimum three criteria.