Published AAO appeal decisions

Transportation engineer with bachelor's degree and work experience sought EB-2 with NIW. AAO found he lacked sufficient post-baccalaureate experience for advanced degree classification and his proposed traffic engineering endeavor lacked the national importance required for waiver under Dhanasar.

Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.

A journalism professor proposing an open-access radio content institute for training and broadcasting. AAO held that while substantial merit was established, national importance was not; evidence lacked demonstrable prospective impact on field or broader implications commensurate with national significance.

Professional freestyle wrestler seeks NIW for EB-2 advanced degree classification. Proposed competing and coaching for university wrestling club to increase U.S. athletic competitiveness. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed petitioner's skills and value but no documentation of prospective impact on sport broadly or significant employment or economic benefits.

A solution director in supply chain and manufacturing technology sought extraordinary ability classification, claiming four criteria. The Director accepted two. The AAO found only judging satisfied, rejected original contributions and leading role, treated scholarly articles as waived, and dismissed because acclaim was confined to employers and collaborators.

Dentist sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional (lacked DDS/DMD equivalent) or exceptional ability (only met two of six criteria). AAO dismissed appeal.

Nurse petitioner self-filed for EB-2 with NIW, proposing to provide expert nursing advice and treatment at a healthcare facility. AAO dismissed: the proposed endeavor lacks national importance because it benefits only the specific employer and patients, not the broader field, and general industry reports about nursing shortages do not address the specific endeavor's national impact.

Chief technology officer seeking EB-1A extraordinary ability classification. AAO remanded because director misclassified petitioner's field of endeavor; petitioner asserted multidisciplinary expertise but director evaluated narrow specialty only, requiring RFE for field clarification before criteria assessment.

A sailing instructor sought extraordinary ability classification, with the director finding neither a major internationally recognized award nor three evidentiary criteria shown. On appeal the petitioner submitted letters but identified no error of law or fact in the denial, so the appeal was summarily dismissed without examining the underlying evidence.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

Researcher in biology seeking EB-1A extraordinary ability. AAO affirmed dismissal because petitioner met only two of ten evidentiary criteria (judging, scholarly articles) but the decision rejects original contributions criterion; does not qualify as individual of extraordinary ability.

A commercial pilot sought EB-2 exceptional ability classification with a national interest waiver of the job offer. The AAO withdrew the director's findings on the academic record, experience and membership criteria, leaving too few criteria met. It dismissed the appeal and reserved the waiver question without applying the Dhanasar framework.

A radiologist seeking EB-1A extraordinary ability classification met the threshold evidentiary criteria but failed the final merits determination. The AAO found that while the petitioner demonstrated substantial accomplishments and institutional affiliations, the evidence did not establish sustained national or international acclaim at the very top of nuclear medicine.

A nurse sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to demonstrate national importance of her proposed nursing services endeavor. The decision held that providing nursing services lacks the broader field implications and substantial economic effects required under Dhanasar.

Medical researcher with Ph.D. sought national interest waiver after director found advanced degree eligibility. AAO held all three Dhanasar prongs met: proposed research has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States based on her demonstrated expertise and contributions.

A Venezuelan OB/GYN physician claimed extraordinary ability through eight criteria. The AAO found two criteria met: judging and scholarly articles. However, these routine academic activities lack the acclaim requirement, and the petitioner failed to demonstrate sustained national or international recognition or widespread field impact.

A police sheriff sought national interest waiver for law enforcement or corporate security consulting work. The AAO found the petitioner does not qualify as advanced degree professional and failed to demonstrate her proposed endeavor has national importance beyond specific employers or school programs.

A financial manager self-petitioner sought EB-2 classification with national interest waiver. The Director found substantial merit and national importance but denied overall. The AAO dismissed the appeal, finding the petitioner failed to establish either advanced degree professional or exceptional ability status, making the underlying EB-2 classification prerequisite unmet.

A pilot sought a national interest waiver with EB-2 classification, proposing to work for U.S. airlines and train other pilots. The service center accepted the underlying classification but denied the waiver. The AAO dismissed the appeal because the endeavor lacked demonstrated national importance, and it did not reach the remaining prongs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

Electrical engineer specializing in electric vehicle technology sought EB-2 with national interest waiver. AAO affirmed denial based on failure to establish five years post-baccalaureate experience in specialty. Dhanasar waiver analysis not reached due to threshold failure.

A licensed professional engineer in HVAC systems sought EB-1A classification. AAO dismissed appeal, finding petitioner met only the published material criterion but failed to establish three or more criteria or sustained national acclaim needed for extraordinary ability classification.

Cardiovascular researcher met two criteria but needed three. Original contributions criterion failed: guidelines participation and citations lack specific evidence of major significance; reference letters too conclusory; prestigious journal publication alone insufficient. Record does not demonstrate sustained acclaim or top-tier status required for extraordinary ability.

Physical therapist with Brazilian credentials sought EB-2 NIW classification. AAO reversed the Service Center finding and held petitioner failed to establish advanced degree professional status or exceptional ability, with insufficient progressive post-baccalaureate experience, making NIW analysis unnecessary.

Financial manager seeks EB-2 classification as advanced degree professional or individual of exceptional ability, plus NIW. AAO held petitioner failed to establish underlying EB-2 eligibility because evidence did not demonstrate either required advanced degree credentials or exceptional ability; therefore NIW eligibility not reached.