Published AAO appeal decisions

Financial manager seeking EB-2 exceptional ability with national interest waiver for technology-driven consulting firm. AAO held proposed endeavor lacks national importance; material post-filing changes to business plan made petition defective. Dhanasar prongs two and three not addressed.

A visual artist sought EB-1A extraordinary ability classification. Though the AAO found the petitioner satisfied at least three evidentiary criteria, she failed the final merits determination; her government and youth awards, membership, and modest annual media coverage did not establish sustained national or international acclaim or placement among the very top of the field.

A mechanical engineer and researcher with doctorate pursuing research on electric motor efficiency and AI integration. The AAO found the first prong met as the research addresses critical emerging technologies, but dismissed because petitioner failed to demonstrate institutional interest or funding securing his well-positioning to advance the research.

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

A beautician and eyelash artist sought EB-1A extraordinary ability classification. She met at least three evidentiary criteria through awards, membership, published material, and judging work. However, the AAO found she failed to demonstrate sustained national or international acclaim or that she ranks among the very top in her field, thus lacking the final merits showing required for the classification.

Entrepreneur in travel and tourism seeks EB-2 NIW to establish online travel portal business. AAO dismissed appeal after affirming motion dismissal; proposed endeavor lacks national importance; industry importance and unsupported financial projections insufficient to demonstrate broader field implications or substantial economic effects.

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

An individual of exceptional ability in occupational safety and business sought EB-2 classification and national interest waiver. The AAO dismissed the appeal because although the substantial merit was established, the petitioner failed to demonstrate that her proposed training and consulting business had national importance as required by the Dhanasar framework.

Martial arts entrepreneur and instructor sought NIW for business and training enterprise. AAO held substantial merit was met but national importance was not; no evidence of field or economy impact beyond direct clients, and business projections lacked adequate evidentiary support.

Financial and investment analyst seeking EB-2 NIW claimed expertise in financial consulting. AAO held petitioner met underlying EB-2 but failed first Dhanasar prong; proposed business providing budgeting and forecasting services lacks national importance and broader field implications required.

Business and hospitality management specialist sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed endeavor to reposition U.S. hospitality industry lacks national importance because generalized industry articles do not address specific prospective impact or broader field implications required by Dhanasar.

Business consultant seeks NIW for employment as business manager consultant. AAO affirmed director's finding that petitioner failed to demonstrate national importance; credentials and experience do not show proposed endeavor extends beyond clientele to impact broader field.

A Brazilian jiu-jitsu athlete seeks EB-1A classification for extraordinary ability. Though three criteria were met (awards, judging, exhibitions), the AAO found the totality of evidence does not establish sustained national or international acclaim or place among the very top of the field.

Web developer and digital designer seeking EB-1A extraordinary ability classification. Petitioner claimed three evidentiary criteria but lacked documentary evidence for association membership. AAO held petitioner failed to meet minimum three criteria; even in aggregate, record does not support sustained national or international acclaim required; appeal dismissed.

IT executive seeking NIW for EB-2 proposed starting consulting company offering professional training courses and workshops. AAO found proposed endeavor lacks national importance because it addresses individual clients rather than advancing IT technologies or field broadly.

Nurse sought NIW for proposed company providing nursing services in Florida area. AAO dismissed, finding petitioner failed to establish national importance of specific endeavor despite occupational shortage discussion. Revenue and employment projections lacked significance demonstrating substantial economic effects at national level.

Clinical psychologist and entrepreneur seeking EB-2 NIW to manage psychology clinic in Florida. Self-petitioner. AAO found substantial merit but no national importance; clinic's impact limited to patients with no demonstrated broader implications for psychology field or significant U.S. economic effects.

Self-petitioner, professor in Nigeria with Ph.D., proposed research on nanostructured materials to remove contaminants and microplastics from water for treatment and desalination. AAO sustained appeal, finding all three Dhanasar prongs satisfied: research has national importance for U.S. water quality; petitioner well positioned to advance with relevant expertise and track record.

An oil industry professional seeking EB-1A extraordinary ability classification claimed four criteria including awards, membership, original contributions, and leading role. The AAO dismissed, finding none met the standards; the honorary certificate and professional association membership lacked required recognition level, and employer contributions did not establish national acclaim.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

Television and film producer sought EB-1A extraordinary ability classification. Met published material criterion but failed three remaining claimed criteria. Appeal dismissed because petitioner established only one criterion and lacks sustained national or international acclaim at top of field.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.