Published AAO appeal decisions

Advanced degree professional seeks EB-2 classification with national interest waiver for business development endeavor. AAO dismissed appeal, finding proposed work extending to business associations lacks demonstrated national or global implications, does not directly employ workers, and fails to show significant positive economic effects indicative of national importance.

Mechanical technician sought EB-1A as self-petitioner. Claimed membership, original contributions, and leading role criteria. AAO found membership criterion not met due to missing certified translation and course completion not establishing outstanding achievement requirement; declined to reach other criteria after petitioner failed three-criterion threshold. Record lacks evidence of sustained acclaim.

A tax professional with a bachelor's degree and five years experience sought EB-2 classification with national interest waiver for an international trade compliance company. The AAO dismissed, finding the company lacks national importance: employing up to 120 workers or specific profits do not demonstrate substantial economic effects in a 52 billion dollar industry.

A completions and wells engineer held an approved extraordinary ability petition that was revoked after a notice of intent to revoke drew no response. The appeal argued the notice was never received. The AAO dismissed it, finding the notice was properly mailed to the attorney and petitioner, and no rebuttal was filed. No criteria were analyzed.

Entrepreneur seeking EB-2 with self-petitioner NIW for financial literacy and lending mobile app platform. Claimed endeavor promotes financial inclusion and employs U.S. workers. AAO held endeavor lacks national importance; projected benefits insufficiently corroborated; impact limited to app users; working in important field insufficient without broader implications.

Dentist seeking NIW for EB-2 classification proposes opening dental clinic with oral surgery services and claiming research in oral cancer detection has national importance. AAO held endeavor has substantial merit but lacks national importance; claimed research advancement and STEM characterization insufficient without evidence of broader field impact.

Forensic DNA technologist seeking EB-2 with national interest waiver. Petitioner claimed her work aligns with Justice for All Act and addresses DNA testing availability. AAO found the specific proposed endeavor lacks national importance because it extends only to employer's clients and courtroom testimony, not her field broadly.

A certified public accountant with ten years' experience seeks EB-2 with national interest waiver to operate a financial consulting firm in Texas. She claimed her endeavor has national importance but failed to demonstrate broader implications beyond her prospective clients and employees or substantial positive economic effects. The AAO dismissed the appeal.

Industrial engineering manager and entrepreneur seeking EB-2 with national interest waiver. Claimed proposed endeavor has substantial merit and national importance. AAO affirmed denial, finding endeavor lacks national importance because it does not extend beyond the applicant's company to impact the field broadly.

Drilling engineer and entrepreneur sought extraordinary ability classification. Claimed five criteria including awards, published material, original contributions, leading role, and high salary. AAO affirmed denial, finding awards lacked recognition, article was promotional, and salary claims ignored remuneration requirement. Overall work did not demonstrate sustained national acclaim at extraordinary ability level.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.

A speed skater claimed extraordinary ability under EB-1A, asserting awards, membership, published material, and exhibitions criteria. The AAO found awards lacked sufficient detail about competition standards and membership criteria were insufficiently documented, failing to meet the required three-criterion threshold. Appeal dismissed.

Medical scientist seeking EB-2 NIW for cancer research endeavor. Claimed substantial merit and national importance through publications, recommendations, and funding. AAO held proposed work lacks demonstrated national importance because specific endeavor's broader field implications were not established; general cancer information insufficient.

An IT consultant with a bachelor's degree seeks NIW as EB-2 advanced degree professional to establish a company offering digital transformation consulting for small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not extend beyond the company's clients to impact the field broadly.

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Lawyer in Brazil sought EB-2 NIW to establish a consulting firm for U.S. banks entering Brazilian market. AAO held the proposed endeavor lacks national importance; industry reports and business plans fail to demonstrate specific prospective impact beyond individual clients or broader field implications.

Software engineer and researcher seeking NIW for EB-2 classification proposes health and nutrition app claiming national importance through healthcare cost reduction and improved outcomes. AAO held endeavor has substantial merit but lacks national importance; impact confined to particular clients without evidence of broader societal or economic implications at national scale.

Food waste management entrepreneur sought EB-2 NIW classification with advanced degree. Petitioner claimed innovative sustainable solutions would have national importance. AAO held proposed endeavor insufficiently defined and fails first prong because scope unclear, innovative tools undefined, and competitive advantages undemonstrated compared to existing market offerings.

Snowboarder sought EB-1A extraordinary ability classification. Petitioner claimed four criteria: awards, membership, published material, and judging. AAO found insufficient documentation for awards and membership criteria, preventing meeting the three-criterion minimum, and dismissed without reaching final merits.

Industrial production management consultant sought EB-2 NIW for consulting company. Business plan projected up to 21 employees and substantial wages. AAO found no evidence of field-wide impact beyond client services, unsupported claims about manufacturing competitiveness, and insufficient job creation relative to industry scale.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.

Entrepreneur in logistics sector sought EB-2 NIW. Petitioner claimed her business would improve US competitiveness and economic performance. AAO dismissed, finding the endeavor lacks national importance despite occurring in important sector; mere establishment in an important industry is insufficient without documented substantial economic impact.

An entrepreneur seeks NIW as EB-2 advanced degree professional to establish a company offering reputation, positioning, and brand-building consultancy to corporations. The AAO dismissed the appeal because the petitioner failed to show the endeavor has national importance, as it lacks broader implications extending beyond the company's clients to the relevant fields.

Financial manager with advanced degree seeks NIW for EB-2 classification. Claimed endeavor has national importance through job creation and economic impact. AAO held that 50-job potential is insignificant relative to 206,000 industry jobs and lacks broader field impact required for national importance.

A rabbi and historian sought EB-1A extraordinary ability classification. The petitioner claimed four criteria but met none. The AAO found published material did not appear in required outlets and educational certifications do not constitute prizes for excellence. The petitioner failed to demonstrate sustained national or international acclaim required for the classification.