Published AAO appeal decisions

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

A martial arts professional sought extraordinary ability classification, and the service center denied the petition for failing to meet three evidentiary criteria. During the appeal, the petitioner obtained approval of a separate extraordinary ability petition and asked to move his pending adjustment applications to it. The AAO dismissed the appeal as moot without examining any criteria.

A crime and intelligence specialist seeking EB-2 exceptional ability and national interest waiver. The AAO found the petitioner met four evidentiary criteria but lacked the requisite degree of expertise significantly above that ordinarily encountered in the field. The waiver prongs were not reached due to failure on the underlying exceptional ability requirement.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

Graphic designer self-petitioner claimed national interest waiver under EB-2. AAO affirmed denial on two grounds: petitioner failed to establish equivalency to U.S. advanced degree, and proposed business endeavor lacks national importance or broader economic effects.

Vocalist and music teacher with advanced degree sought national interest waiver for endeavor of musical event management and classical music teaching. AAO affirmed underlying EB-2 eligibility but found proposed activities lacked national importance, distinguishing from STEM teaching precedent by showing no broad industry impact. Appeal dismissed.

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.

Marketing professional with Brazilian tourism experience seeks national interest waiver for EB-2. Petitioner initially proposed general marketing work, then introduced new business plan at RFE stage. AAO found impermissible material change and held original endeavor lacks national importance. Work would not impact field or economy beyond specific employer clientele.

Industrial technician seeks exceptional ability classification and NIW. AAO found petitioner did not meet initial evidentiary requirements for EB-2 exceptional ability, particularly lacking education or experience in proposed CEO role. Did not reach NIW merits.

Entrepreneur sought EB-2 exceptional ability and NIW. AAO affirmed no advanced degree, found academic record but only one of six exceptional ability criteria met, insufficient for classification threshold. NIW analysis reserved as applicant ineligible for underlying EB-2 category.

An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

An oceanographer sought EB-1A extraordinary ability classification. She met two criteria: scholarly articles and judging. The AAO found her original contributions did not show major significance and that she lacked the sustained national or international acclaim and top-tier standing required for EB-1A classification.

IT instructor with advanced degree seeks NIW for EB-2 classification to provide IT training and workforce development to reduce crime and close digital divide. AAO dismissed appeal, holding the proposed endeavor lacked national importance; teaching students does not demonstrate broader impact on IT field or substantial economic effects.

A hospitality entrepreneur and bar professional sought extraordinary ability classification, claiming eight criteria. The Director accepted two, judging and leading role. The AAO agreed on those two but found the awards criterion unmet and deemed scholarly articles waived. It concluded that three criteria were not satisfied and that sustained acclaim was not shown.

A karate athlete sought EB-1A extraordinary ability classification. The petitioner claimed awards, published material, and membership criteria. The AAO found the awards were not nationally or internationally recognized for excellence due to competition restrictions, articles lacked proper documentation, and the overall record did not evidence sustained international acclaim or top-tier standing.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

Professional baseball player in Dominican Republic claimed four criteria for EB-1A. AAO found awards and high salary met but rejected published material; membership not established. Only two criteria satisfied; three required. No sustained international acclaim shown.

Microbiology researcher met three initial evidentiary criteria: judging, scholarly articles, and original contributions. AAO sustained appeal finding petitioner demonstrated sustained national and international acclaim through high citation rates, publications in distinguished journals, international presentations, and peer review work indicative of top-tier expertise.