Published AAO appeal decisions

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

A financial manager and entrepreneur sought EB-2 NIW status to establish a mining equipment sales company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong because indirect economic effects and HUBZone status were insufficient to demonstrate substantial positive national economic impact.

A financial administrator sought NIW for EB-2 advanced degree classification. The AAO affirmed that although the proposed endeavor had substantial merit, it lacked national importance under Dhanasar because her advisory services would not impact the field or nation broadly. Appeal dismissed.

Commercial pilot seeks EB-2 NIW to work in aviation and pilot training. AAO dismissed appeal because proposed endeavor lacks national importance; general economic benefits and labor shortage mitigation insufficient under Dhanasar; second and third prongs not reached.

An attorney from Brazil seeks EB-2 with national interest waiver in tax and business law. The AAO found the petitioner did not qualify as an advanced degree professional or individual of exceptional ability, lacking required documentation and failing final merits review. Without underlying EB-2 eligibility, the NIW claim was not addressed.

Telecommunications consultant seeking EB-2 NIW. Petitioner self-filed. AAO found substantial merit but not national importance; evidence showed expertise and past accomplishments but not prospective impact on field or economy at national level.

Entrepreneur seeking EB-2 with national interest waiver to develop a business venture. Petitioner claimed substantial merit and national importance based on business plan, support letters, and documentary evidence. AAO dismissed because the proposed endeavor lacks national importance beyond the immediate employer and customers; descriptions conflicted with Form I-140.

Financial manager and entrepreneur sought EB-2 NIW for business work. AAO dismissed, finding proposed endeavor lacked sufficient evidence demonstrating national importance, broader economic impact, or substantial job creation at level required by Dhanasar framework.

Music event producer claimed six extraordinary ability criteria. Director found only judging criterion met. Petitioner appealed with new evidence on awards, original contributions, and exhibitions. AAO affirmed dismissal: awards lacked field recognition, exhibitions were not artistic in nature, and only one criterion met precluded the three-criterion threshold.

Business consultant with advanced degree seeks EB-2 national interest waiver to operate consulting company serving small and medium enterprises. Petitioner claimed economic growth and government alignment. AAO held national importance unmet; personal statements and business plan lack sufficient evidence of broader field implications or substantial positive economic effects.

Foreign legal consultant seeking EB-2 NIW claimed advanced degree or exceptional ability. AAO held petitioner failed to establish underlying EB-2 eligibility because master's degree awarded after filing and insufficient progressive experience documented at filing. National interest waiver analysis reserved.

Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.

Accountant with advanced degree sought NIW for providing accounting and auditing services to prospective clients. AAO found substantial merit but rejected national importance claim, finding no evidence of broad field impact, realistic business viability, or substantial employment and economic benefits.

Foreign trade specialist sought EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance because evidence shows only limited benefits to specific employer clients, not broader industry implications or significant employment and economic effects.

Telematics systems engineer and CEO of tracking technology company. Self-petitioner seeking EB-1A extraordinary ability classification. Met three of seven claimed criteria but failed final merits determination; lacked sustained national or international acclaim required for top-tier classification.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

Brazilian jiu-jitsu competitor seeking EB-1A extraordinary ability. AAO affirmed denial because petitioner failed to meet major award criterion and could not satisfy three initial criteria. Tournament awards in Master division lack sufficient context and do not demonstrate excellence. No final merits analysis reached.

Mechanical engineer entrepreneur sought EB-2 NIW for proposed automotive innovation endeavor. AAO found substantial merit established but concluded endeavor lacked national importance; improvements to manufacturing would not extend beyond company clientele to impact field broadly or produce substantial economic benefits.

Social media influencer sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner satisfied no evidentiary criteria. Platform Platinum status is objective threshold not requiring expert judgment; income alone insufficient for commercial success; record lacks evidence of sustained national acclaim or position at field's top tier.

Photographer sought EB-1A extraordinary ability classification. AAO held petitioner failed to meet three evidentiary criteria; membership and published material criteria were not satisfied. Final merits step not reached because criteria threshold not met.

A digital influencer with content on TikTok and YouTube sought EB-1A extraordinary ability classification. Claiming seven criteria, she established none sufficiently. The AAO rejected awards, membership, published material, original contributions, and commercial success findings; high salary and judging were not analyzed. Without three criteria met, she failed the initial requirement and was ineligible.

A physicist with a Ph.D. in physics and astronomy sought EB-2 NIW for proposed research. The AAO affirmed dismissal on the second Dhanasar prong. Though the petitioner met the first prong (substantial merit and national importance of the endeavor), he did not demonstrate sufficient qualifications, funding history, or independent research leadership to be well positioned to advance it.

Civil construction project director seeking NIW for EB-2 advanced degree classification proposed affordable residential development. AAO found substantial merit but no national importance because the petitioner failed to show how local housing benefits would reach national economic significance or demonstrate the company's scale and scope.

Long-distance runner sought EB-1A classification claiming extraordinary ability. AAO dismissed appeal finding one criterion met but aggregate evidence insufficient; runner did not demonstrate sustained national or international acclaim or position among small percentage at field top.