Published AAO appeal decisions

An electric vehicle automotive business strategist with eighteen years' experience in Venezuela and Colombia self-petitioned for EB-1A extraordinary ability. Petitioner met four evidentiary criteria but AAO upheld denial, finding insufficient evidence of sustained national or international acclaim or placement among small percentage at field's very top.

An art curator seeks EB-2 national interest waiver to establish a nonprofit cultural platform for exhibitions, archiving, and education. The AAO affirmed denial because the proposed endeavor lacks demonstrated national importance; support letters and credentials alone do not establish impact extending beyond immediate community.

An entrepreneur from Uzbekistan with a master's degree sought an EB-2 national interest waiver for an independent transportation business using IT expertise. The AAO affirmed dismissal because the proposed endeavor lacked demonstrated national importance despite having substantial merit, lacking credible economic impact.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

Entrepreneur and investor seeking extraordinary ability in business. Claimed judging, leading critical role, and original contributions. AAO affirmed judging was met but found leading role unsupported and reserved original contributions. Petitioner failed to meet required three-criterion threshold, so appeal dismissed.

Petitioner holds advanced degree and seeks NIW for research developing fairer face recognition systems through synthetic data and bias mitigation. SCOPS found substantial merit but denied national importance. AAO affirmed dismissal, ruling petitioner conflated field importance with specific endeavor importance and lacked sufficient evidence of prospective impact.

Cryptography researcher pursuing PhD seeks EB-2 advanced degree and NIW for research developing secure communication and privacy tools. AAO found proposed endeavor has substantial merit and national importance. However, petitioner lacks documented postdoctoral position or specific employment commitment, failing to establish he is well-positioned to advance the work.

Civil engineer holding advanced degree sought EB-2 NIW. SCOPS granted advanced degree qualification but denied waiver for lack of national importance. AAO affirmed: petitioner showed merit of field and his capability to advance work but failed to establish specific proposed endeavor has broader implications or national importance needed under Dhanasar first prong. Appeal dismissed.

A meat industry executive and business owner sought EB-2 exceptional ability classification with national interest waiver. The AAO found he did not meet the underlying EB-2 requirement and did not analyze the NIW prong, reserving it as unnecessary after finding him ineligible for the base classification.

Computer science Ph.D. candidate proposed research in AI-enhanced network performance. AAO found proposed endeavor has substantial merit and national importance but rejected petition because petitioner lacks sufficient record of research success or progress to be well positioned to advance the work.

Senior data scientist with advanced degrees seeks EB-1A extraordinary ability classification. Claimed five criteria, but satisfied only two (judging and scholarly articles), falling short of the required three. AAO dismissed appeal because threshold evidence requirement was not met, declining to analyze final merits.

A legal consultant with a recent law degree sought EB-1A classification. The AAO found two claimed criteria unmet: membership in professional associations lacked evidence of outstanding achievement requirements, and a published article did not qualify as scholarly work for learned professionals. No final merits analysis followed.

Supply chain manager and entrepreneur proposes consulting and training services for soybean processing. AAO held proposed endeavor has substantial merit but lacks national importance; petitioner failed to establish substantial economic effects or workforce impact beyond regional direct clients.

A CEO and founder of a U.S. corporation sought EB-1A classification based on extraordinary ability in business. Although meeting published material criterion, the AAO affirmed SCOPS finding that evidence lacked the sustained national or international acclaim and recognition required to place petitioner among the small percentage at the very top of the field.

A psychology professor with Ph.D. sought EB-2 national interest waiver for research on data science and ecological threats. AAO found proposed research has substantial merit and national importance but determined petitioner lacks evidence of being well-positioned to advance endeavor; appeal dismissed.

Marketing entrepreneur seeks NIW for digital marketing business in New Jersey. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; business serves only individual clients without broader field impact or substantial economic effects warranting waiver.

A Ph.D. student in petroleum engineering sought NIW claiming research in energy storage advances national interest. AAO found the endeavor has substantial merit and national importance but rejected the petition because the applicant failed to show sufficient progress, citation record, or field interest to demonstrate being well-positioned to advance the proposed research.

An optical physicist with a master's degree sought NIW for research in optical sciences. The AAO found the research has substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well-positioned to advance the proposed endeavor.

A CFO and entrepreneur in real estate development with an advanced degree sought a national interest waiver. The AAO dismissed the appeal, holding the proposed endeavor of developing residential and commercial properties has substantial merit but lacks national importance; it benefits the applicant's clientele without demonstrating broader economic or field impact.

A certified flight instructor and pilot with a Master's degree in Aeronautics sought a national interest waiver to work as a designated pilot examiner. The AAO affirmed denial, finding the proposed endeavor has substantial merit but lacks national importance; it benefits individual trainees but lacks broader field or sector impact required by Dhanasar.

An honorary research professor in classical studies claimed seven evidentiary criteria for extraordinary ability. The service center accepted judging and scholarly articles. The AAO dismissed the appeal, finding the contested awards, membership, contributions and leading-role criteria unmet, so the three-criterion threshold failed and final merits were not reached.

A post-doctoral researcher in engineering mechanics sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner met only one of three claimed criteria and failed to demonstrate that his original contributions had major significance, falling short of the three-criterion threshold.

Architectural designer with two master's degrees seeking NIW to advance sustainable design in United States. AAO affirmed SCOPS determination that endeavor lacks national importance because impact limited to specific employer and clients, without broader field implications or substantial economic effects.

An economist in financial inclusion and innovation sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner failed to satisfy at least three of ten evidentiary criteria and did not demonstrate sustained national or international acclaim required for this highly restrictive classification.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.