Published AAO appeal decisions

Senior director in business/economics seeking EB-1A extraordinary ability. AAO sustained appeal, finding petitioner met three evidentiary criteria (scholarly articles, leading role, high salary) and demonstrated sustained acclaim at the very top of field through extensive documentation.

Digital media strategy and operations professional claims extraordinary ability. Director found two criteria met; petitioner claimed three additional criteria on appeal. AAO dismissed, finding published material and original contributions not established. Overall, petitioner showed career progression but lacked evidence of sustained acclaim or position among small percentage at field top.

Civil engineer with graduate business coursework seeks NIW. AAO affirmed denial, finding no demonstrated national importance for specific proposed endeavor. Articles on STEM importance and engineering shortages insufficient; analysis must focus on individual's specific endeavor, not industry importance.

A civil engineer sought a national interest waiver for an EB-2 petition to work in civil construction. The AAO affirmed the director's denial, finding the petitioner's proposed business endeavor lacked the national importance required under Dhanasar's first prong, as it would benefit only himself, his companies, and clients without broader industry impact.

Tech author, journalist, and educator claimed three criteria. Director found two met; petitioner claimed original contributions on appeal. AAO affirmed two criteria met but rejected original contributions finding letters lacked specificity on major significance. Did not reach final merits after finding fewer than three criteria established.

Bioengineering and nanotechnology professor with Ph.D. in industrial chemistry claimed four criteria. AAO found only one criterion met, failing the three-criterion threshold. Team award and lack of proper translations precluded awards analysis. Abandoned leading role claim. Does not demonstrate sustained acclaim or top-tier status required for extraordinary ability.

Television and motion picture producer claimed five criteria for EB-1A. AAO rejected published material, judging, and critical role findings; awards and exhibitions not reached. Fewer than three criteria met; no demonstrated sustained acclaim.

Former sambo and judo athlete applying as coach claims extraordinary ability and major internationally recognized award from World Sambo Championships. AAO dismissed appeal, finding award does not meet standard and noting applicant's appeal brief was identical to prior failed petition, indicating inadequate attention to specific case.

Pianist seeks EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish either a major internationally recognized award or three alternate regulatory criteria. Evidence of local competition awards, professional memberships, and regional media appearance insufficient to demonstrate elite status.

Figure skating choreographer and coach sought EB-1A extraordinary ability classification. She claimed seven criteria including membership, published material, scholarly articles and exhibitions. AAO held she met only judging criterion and failed to meet three-criterion threshold because membership lacked documentation, publications lacked translation compliance and scholarly article was not in qualifying venue.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.

Information technology project manager seeking EB-2 with national interest waiver. Petitioner founded consulting company after petition filing based on client solicitations. AAO found proposed endeavor lacks sufficient specificity and national importance; STEM field designation alone does not establish required impact in information technology project management.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

A photographer and business owner from Brazil claimed extraordinary ability through seven criteria. The AAO found two criteria met: published material and exhibition display. However, the petitioner failed to establish three qualifying criteria and lacks sustained national or international acclaim required for the classification.

Personnel management consultant in Russian-speaking countries claimed five criteria under EB-1A. AAO dismissed appeal, finding no major award and no satisfaction of three required criteria. Evidence lacked specificity, objectivity, and documentation; petitioner showed no sustained national or international acclaim.

Network communications professional claimed eight criteria for extraordinary ability. Director found two criteria met. Petitioner on appeal reasserted three additional criteria on appeal but failed to overcome deficiencies in evidence or explain how Director erred. AAO held petitioner did not meet the extra criteria and lacked sustained acclaim for top-of-field status.

Entrepreneur in finance field sought EB-2 classification with national interest waiver. AAO dismissed because petitioner did not establish underlying eligibility as advanced degree professional or person of exceptional ability; proposed endeavor was vaguely described.

Photographer sought EB-1A extraordinary ability. Claimed four criteria: awards, published material, exhibitions, and critical role. AAO rejected all four findings; none met regulatory requirements. No sustained acclaim established.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

Fashion designer sought extraordinary ability classification claiming six criteria including awards, membership, and scholarly articles. AAO found only one criterion met (judging) and upheld dismissal. Petitioner failed to establish three-criterion threshold and lacked evidence of sustained national or international acclaim required for EB-1A.

An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.

A banker sought EB-2 classification with national interest waiver for financial advisory work. The AAO found the petitioner failed to establish the first Dhanasar prong by providing only vague possibilities rather than a specific, detailed endeavor with national importance, and failed the second prong.

A financial operations professional seeks NIW for EB-2. AAO reversed the initial denial of EB-2 qualification based on foreign degree equivalent but dismissed appeal because her proposed endeavor—establishing a financial consulting firm—lacked national importance; benefits would be limited to her own business and clients, not impact the field broadly.

Chief financial officer and self-petitioner sought NIW for EB-2 classification for proposed financial consulting company. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor; business plan lacked credible evidence of substantial positive economic effects, job creation locations, or field-wide impact.

Mixed martial arts athlete seeks extraordinary ability classification. Petitioner claimed three criteria but failed to establish any definitively; Director found no major award and denied membership, and AAO affirmed membership finding insufficient. Appeal dismissed; insufficient criteria met and no sustained international acclaim demonstrated.