Published AAO appeal decisions

A videographer sought EB-1A extraordinary ability classification. The AAO found she met published material and exhibitions criteria, contrary to the Director's decision, and remanded for final merits review to assess sustained acclaim and standing among the very top in her field.

Computer user support specialist seeking national interest waiver for EB-2 classification. Petitioner claimed national importance based on STEM field priority and IT labor shortage. AAO dismissed because generalized information about IT field does not establish national importance of specific endeavor to advance IT career.

A marketing consultant with advanced degree sought EB-2 NIW to establish marketing consultancy in the United States. The AAO found substantial merit but dismissed because she failed to show national importance. Her fifth-year revenue and employment projections were insufficient; focus must be specific endeavor impact, not field importance.

Computer scientist in medical imaging and computer vision claimed extraordinary ability through publications and citations. AAO upheld meeting two criteria (judging, scholarly articles) but rejected major contributions criterion due to insufficient evidence of field impact. Final merits: accomplished but not at top of field.

Industrial engineer sought NIW to operate independent consulting business serving manufacturing and related industries. AAO affirmed denial, finding no evidence the specific endeavor would meaningfully impact targeted industries or demonstrate substantial economic effects at national level.

An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

A logistician seeks exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not contest the director's finding that he failed to establish EB-2 eligibility, forfeiting the issue on appeal and making NIW analysis unnecessary.

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

Pilot with eleven years aviation experience seeking NIW claimed his work would generate positive economic impact and address labor shortages. AAO held the endeavor lacks national importance because working as pilot does not demonstrate broader field implications or substantial prospective economic effects.

A scientist claiming six criteria satisfied only two of the required three initial evidentiary thresholds. The AAO affirmed dismissal without reaching final merits, finding insufficient evidence that the petitioner commanded sustained national or international acclaim or ranked among the field's small top percentage.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.

Automobile repair and rental shop manager seeks NIW for EB-2 classification as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but satisfied only one: ten years experience. AAO dismissed because petitioner failed to meet minimum threshold of three criteria; NIW analysis reserved as ineligible for underlying EB-2 classification.

Industrial engineer proposing multidisciplinary real estate and construction engineering company. Failed to establish that the specific endeavor would substantially impact the field more broadly or produce significant employment or economic effects at a level commensurate with national importance.

Entrepreneur proposes boat-building business in economically depressed area, seeking EB-2 exceptional ability or advanced degree classification and NIW. AAO affirmed denial because endeavor lacks national importance; local job creation and economic contribution insufficient without industry-wide advancement.

Chemical engineer sought EB-2 classification and NIW waiver to consult for U.S. cosmetics companies on product formulation. AAO dismissed appeal, affirming Director's finding that proposed endeavor lacked national importance, despite petitioner arguing Director failed to discuss all evidence submitted.

Environmental engineer with advanced degrees sought NIW for sustainable development endeavor in waste and plastics management. AAO affirmed denial, finding insufficient evidence that the specific proposed endeavor has national importance or broader impact on the field, despite acknowledging its potential merit.

Dental surgeon and entrepreneur petitioned for NIW to operate oral health clinics in underserved regions. Claimed all three Dhanasar prongs including job creation and dentist shortage benefits. AAO found endeavor lacks national importance; dentist shortage and general economic activity insufficient, and dismissed without addressing remaining prongs.

Marketing administrator sought NIW as EB-2 advanced degree professional. AAO withdrew director's advanced degree determination due to lato sensu MBA lacking master's degree equivalency. On NIW, proposed marketing consulting has substantial merit but lacks national importance; record does not show specific endeavor's prospective impact meets Dhanasar standard.

Commercial pilot sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed, finding only two of six exceptional ability criteria met. Final merits determination found no unusual expertise in field. Ineligible for EB-2; therefore ineligible for NIW. Remaining Dhanasar arguments reserved.

Video editor sought EB-1A extraordinary ability classification. AAO dismissed because petitioner met only one criterion (exhibitions); two withdrawn on review (judging, high salary lack proper evidence). Failed to meet three-criterion threshold and demonstrated no sustained national or international acclaim required for extraordinary ability.

Managing consultant seeks national interest waiver for nonprofit consulting company serving homelessness and income inequality. AAO affirmed denial: despite substantial merit, endeavor lacks evidence of national importance; insufficient projections of regions, projects, or employment impact.

Self-petitioner in sciences field sought EB-1A extraordinary ability. AAO affirmed denial: no major internationally recognized award received individually, and fewer than three evidentiary criteria satisfied. Honorary membership insufficient; leading critical role unsubstantiated. Record lacks evidence of sustained acclaim and top-tier status.