Published AAO appeal decisions

A martial arts athlete competing in karate sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he satisfied only two of three required criteria: judging and one other. Awards lacked national recognition; national team membership evidence was inconsistent regarding selection rigor.

A professional with advanced degree sought national interest waiver for EB-2. The petitioner's motions to reopen and reconsider were dismissed because insufficient new evidence was presented. The AAO affirmed that letters of support and industry evidence did not establish the specific proposed endeavor had national importance under Dhanasar's first prong.

Film actress sought EB-1A extraordinary ability classification. Petitioner claimed awards, published media, exhibitions, critical roles, and commercial success. AAO found only two criteria met and rejected others; determined petitioner lacks sustained acclaim and does not rank among the very top of the field.

An IED disposal officer sought EB-2 NIW claiming expertise in security and real estate investment. The AAO dismissed because the applicant failed to specify the actual endeavor; vague references to possible government consulting or residential real estate investment lacked concrete detail needed to assess national importance.

Self-employed IT professional seeking EB-2 with NIW based on incomplete bachelor's degree and entrepreneurial experience. Claimed advanced degree eligibility but provided no official academic records or transcript. Failed to document bachelor's degree completion or five years progressive post-baccalaureate experience. NIW analysis not reached because underlying EB-2 qualification not established.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A financial manager claiming advanced degree and NIW proposed to provide financial services to U.S. companies and individuals. The AAO affirmed dismissal, holding the endeavor lacked national importance and would not impact the finance field broadly despite industry importance.

Director of photography sought EB-1A extraordinary ability classification. Petitioner worked on award-winning films screened at festivals and held O-1 nonimmigrant status. AAO found criterion regarding artistic exhibitions satisfied but rejected claims regarding awards as petitioner lacked personal receipt of nationally recognized prizes, and found overall evidence insufficient for extraordinary ability.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

A marketing and communications professional claimed seven initial criteria for extraordinary ability but failed to submit a required appellate brief identifying specific errors in the four-page denial decision. The AAO summarily dismissed the appeal for lack of specificity, as petitioner made only general assertions without identifying contradictory evidence or explaining how evidence overcame stated grounds for denial.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

IT systems manager seeks NIW for IT project management and systems analysis services. AAO remanded, finding Director did not adequately explain deficiencies in evidence supporting national importance and prematurely addressed second prong without properly establishing first prong foundation.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

A petitioner proposed unspecified scientific activity and vendor machine development. The AAO dismissed the appeal because the proposed endeavor lacked sufficient specificity and clarity regarding substantial merit and national importance under Dhanasar's first prong.

Independent filmmaker from Zimbabwe seeking extraordinary ability classification. Met four initial evidentiary criteria: awards, published material, judging, and artistic display. AAO dismissed on final merits, finding petitioner respected domestically but lacking sustained national or international acclaim and not at very top of field required for classification.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

Accountant sought NIW for EB-2 classification to offer finance and tax consulting to U.S. companies. Petitioner claimed benefits to U.S. economy through business activities. AAO held the proposed endeavor lacks national importance, benefiting only her employer and clients without broader accounting industry or economic implications.

Biophysicist and CEO seeks extraordinary ability classification. Claimed five criteria; court found four met. AAO conducted final merits determination, finding sustained national and international acclaim through extensive documentation of achievements, citations, patents, and research impact warranting extraordinary ability classification.

A musician, composer, and music producer with five solo albums and international touring sought EB-1A classification. The AAO found he satisfied four criteria: prizes, published material, judging, and commercial success. In final merits, the AAO sustained the appeal, finding sustained national and international acclaim and recognition as top-tier collaborator demonstrating extraordinary ability.

Legal analyst and consultant seeking NIW under EB-2. Claimed substantial merit and national importance for proposed consulting business advising U.S. companies entering Latin American markets. AAO held the endeavor lacks national importance because it would not impact the field broadly, has no demonstrated substantial economic effects, and lacks evidence of significant employment or regional benefit.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

Maintenance and renovation engineer qualified as advanced degree professional sought national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate national importance of proposed maintenance services endeavor under Dhanasar first prong; work did not show broader implications or substantial economic benefits.

A nephrologist with board certification seeks EB-1A extraordinary ability classification. He claimed three evidentiary criteria: judging, scholarly articles, and critical role. The AAO sustained the appeal, finding he met three initial criteria and demonstrating sustained national acclaim as a leading expert with a career of acclaimed work, qualifying him for extraordinary ability.

A marketing manager with an advanced degree sought a national interest waiver. The AAO withdrew the service center's favorable first-prong finding, concluding the proposed marketing services lacked national importance because the benefit was limited to employers and clients, with no shown broader or economic impact. Later prongs were not reached and the appeal was dismissed.