Published AAO appeal decisions

Fitness trainer and yoga instructor sought EB-1A extraordinary ability classification. Claimed six criteria: membership, published materials, judging, original contributions, scholarly articles, and high salary. AAO found membership criterion unmet due to insufficient evidence of outstanding achievement requirements; published materials not in major outlets; and scholarly article written for general public, not learned audience. Overall record lacks sustained acclaim required.

A dance studio owner in Brazil seeking EB-2 exceptional ability classification and national interest waiver. AAO found she failed to meet three of four exceptional ability criteria and lacked the requisite expertise. AAO also found the proposed endeavor lacks national importance under Dhanasar's first prong.

A financial officer holding an advanced degree sought EB-2 with NIW, proposing to serve as CFO of supply chain consulting company. The AAO affirmed denial, finding the proposed endeavor lacked national importance; projected economic benefits and individual company engagement insufficient to meet national importance standard.

Entrepreneur in business and corporate law sought EB-2 NIW. Appeal dismissed on signature deficiency and failure to establish national importance; petitioner focused broadly on energy investment industry rather than specific endeavor, without proving impact beyond secondary effects in narrow area.

Franchise and business management consultant sought NIW to work as entrepreneur providing consulting services. AAO held petition failed because proposed endeavor lacked demonstrated national importance; generalized economic benefits and small business support insufficient without evidence of broader field impact or substantial economic effects.

Civil engineer seeking NIW for screen enclosure construction company in Florida. Claimed national importance through sustainable housing innovation and worker training. AAO held endeavor lacks national importance because it benefits only customers and lacks broader field implications, and training claims were unsupported speculation.

A physical therapist sought an EB-2 national interest waiver to start a private clinic employing ten workers and addressing professional shortages. The AAO dismissed the appeal, holding that a local business, despite hiring U.S. workers and operating in a profession with labor shortages, lacks the national importance required under Dhanasar because the endeavor's impact does not extend beyond its client base.

A real estate investment consultant sought EB-2 NIW to create a platform linking U.S. real estate to Latin American investors. The AAO dismissed because the proposed endeavor lacked national importance: evidence addressed industry significance generally, not the specific endeavor's prospective impact, and no substantial positive economic effects were demonstrated.

A dentist with an advanced degree sought NIW for EB-2 classification based on her proposed endeavor of providing dental care and community oral hygiene education. The AAO agreed with the director that she failed to establish national importance of her specific proposed endeavor. Appeal dismissed.

Aviation maintenance specialist sought EB-2 with NIW for a business offering aviation maintenance services. The AAO held the proposed endeavor lacked national importance under Dhanasar because evidence focused on field importance rather than the specific business's prospective impact on the nation or region.

Chinese stage actor with thirty years experience and director role sought EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner met initial evidentiary criteria but lacked evidence of sustained acclaim or placement among the small percentage at the very top of the field.

Health auditor and entrepreneur with advanced degrees in education, business, and health administration seeks NIW for EB-2. Proposed consulting firm improving workplace health environments. AAO held proposed endeavor has substantial merit but lacks national importance; merely working in important field is insufficient without demonstrating specific endeavor's broader impact.

Aircraft maintenance specialist sought NIW as EB-2 individual of exceptional ability. AAO dismissed, finding petitioner satisfied only one of five claimed exceptional ability criteria and failed to qualify for underlying EB-2 classification. NIW eligibility not reached.

Early childhood education entrepreneur with advanced degree sought national interest waiver for EB-2 employment-based second preference without job offer. AAO affirmed dismissal: proposed daycare business lacked evidence of national importance, broader industry implications, or substantial positive economic effects required under Dhanasar's first prong.

Artist manager who is founder and CEO of an organization seeks EB-1A classification. He claimed to meet three evidentiary criteria. The AAO found he met published material and leading role criteria but not high salary. Because he did not meet the initial requirement of three criteria, final merits analysis showed he lacks sustained national or international acclaim required for extraordinary ability.

Voice actor seeking EB-1A extraordinary ability classification. Claimed four evidentiary criteria including published material and commercial success. AAO found criteria for published material and commercial success unmet and did not reach two additional criteria because petitioner failed to establish three required criteria. Appeal dismissed.

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

Entrepreneur and financial manager with advanced degree sought NIW for EB-2 to provide business formation training and financial advice to entrepreneurs and women entrepreneurs. AAO dismissed because evidence lacked probative value and did not demonstrate national importance beyond serving specific clientele.

A beverage bottling industry business developer sought EB-2 classification with NIW. The AAO dismissed, finding the proposed quality consulting endeavor lacked national importance, as it was limited to client work in manufacturing efficiency without demonstrated broader implications for the bottling industry.

Postdoctoral research fellow in biomedical engineering claimed extraordinary ability. Met three initial criteria: judging, original contributions, and scholarly articles. AAO held petitioner failed to demonstrate sustained national or international acclaim or placement among the very top in the field, citing lack of citation impact and insufficient evidence of upper-echelon status.

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Advanced degree professional proposed to serve as master consultant in human management and corporate wellness, particularly for healthcare workers. AAO found the endeavor has substantial merit but lacks evidence of national importance, failing the first prong of the Dhanasar test for NIW eligibility.

A teacher seeking to establish a company offering ADHD training for parents and educators claimed national interest waiver eligibility. The AAO found the endeavor has substantial merit but lacks national importance because it would only benefit her direct clients without sufficient broader implications for the field or economy.

A veterinarian sought EB-2 classification with NIW for a mobile veterinary services business. The AAO dismissed, finding the proposed endeavor lacked national importance despite qualifying as exceptional ability, as benefits were limited to individual clients without broader implications for the veterinary profession.

A production designer and student sought EB-1A extraordinary ability classification. She claimed six evidentiary criteria but satisfied only one. The AAO dismissed her appeal, finding she failed to establish at least three criteria: the award was not hers and not nationally recognized, and published material concerned her employer, not her work.