Published AAO appeal decisions

Legal consultant with degree sought EB-2 national interest waiver. AAO found petitioner lacked required five years progressive work experience after degree and failed to establish national importance of proposed endeavor under Dhanasar first prong, making second and third prongs unnecessary.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

An engineer seeking EB-1A classification for a startup thermal energy and heat pump systems business claimed two criteria. The AAO found neither the degree nor professional memberships satisfied the requirements and concluded the record does not establish sustained national or international acclaim required for extraordinary ability.

A model and pageant/fashion choreographer claimed four EB-1A criteria on appeal. The AAO dismissed the appeal, finding she met only the judging criterion and failed two others, thus falling below the three-criterion threshold required for extraordinary ability classification.

A CEO proposes to expand his condominium management software from Brazil to the United States. Under Dhanasar, the AAO held the endeavor lacks national importance, finding insufficient evidence of broad industry impact or substantial economic benefits beyond his clientele.

Shoe designer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held petitioner lacked sustained national or international acclaim and failed to contextualize accomplishments relative to other top designers.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

Master hairstylist and general manager in hairstyling seeking EB-1A extraordinary ability. Established three of ten criteria through publications, artistic display, and critical role. AAO dismissed appeal finding press coverage and showcase participation insufficient to establish sustained national or international acclaim or top-tier status.