Published AAO appeal decisions

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

Entrepreneur founder of retail shops seeking NIW as exceptional ability business person. Claimed substantial merit and national importance of business operations and mentorship program. AAO held first Dhanasar prong not met because proposed endeavor lacks evidence of national importance; retail shops lack scale and economic significance to qualify.

Self-petitioning children's book author and poet sought EB-1A extraordinary ability classification. Petitioner claimed five additional criteria beyond two granted by service center. AAO found petitioner meets three evidentiary criteria (awards, published material, judging) and remanded for final merits determination regarding sustained national or international acclaim.

A software developer sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO found the petitioner satisfied only two of the six exceptional ability criteria and lacked progressive post-baccalaureate experience. Because the underlying EB-2 qualification was not established, the national interest waiver claim became moot and was not analyzed.

Civil engineer pursuing Ph.D. on risk-informed decision-making framework for energy generation claimed three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance with broad applications, the petitioner is well positioned by education and track record, and the waiver benefits the United States.

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

A neurosurgeon and researcher seeking NIW claimed he would conduct research and provide patient care. The AAO dismissed the appeal, finding his proposed endeavor lacked specificity and failed to demonstrate national importance. His future work would not impact the neurological field broadly.

Human resources specialist with thirty years experience sought NIW for EB-2 classification. Proposed work in global mobility and personnel management. AAO found endeavor of substantial merit but lacked national importance; work for single employer lacks broader field implications. Second and third prongs not reached.

A gymnastics coach sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed that while the coach qualified for EB-2 and was well positioned to advance the endeavor, the proposed coaching lacked national importance because its impact was limited to specific gymnasts and a local setting rather than affecting the gymnastics field broadly.

An entrepreneur and global marketing specialist sought EB-2 NIW for expanding a digital signage business in North Carolina. The AAO affirmed the director's finding that while the endeavor has substantial merit, the petitioner failed to demonstrate national importance under Dhanasar's first prong. Business projections were unsupported and lacked evidence of broader field impact.

Physical therapist sought NIW for EB-2 classification. Proposed clinical work treating patients with functional and cardiorespiratory disorders in healthcare facility. AAO disagreed with director on identifying proposed endeavor but affirmed no national importance shown; benefits confined to individual patients, lacking broader field implications. Matter remanded.

Self-petitioning carpet weaver sought EB-2 exceptional ability classification with national interest waiver. Service center found petitioner qualified as individual of exceptional ability. AAO reversed, finding petitioner does not qualify for underlying EB-2 classification; therefore dismissed appeal without reaching Dhanasar waiver analysis.

Chemical engineer sought EB-2 exceptional ability with NIW. Proposed continuation of work on solid waste and water quality treatment. AAO dismissed appeal, finding petitioner failed to qualify for underlying EB-2 exceptional ability classification by meeting fewer than three regulatory criteria and failed first Dhanasar prong on national importance.

Medical epidemiologist sought EB-2 advanced degree with NIW to advance public health preparedness and emergency response focusing on vaccine preventable diseases. AAO dismissed appeal, finding petitioner met first Dhanasar prong but failed second prong; evidence submitted post-filing was inadmissible, and petitioner did not rebut director's finding of insufficient positioning.

Chemist self-petitioner sought national interest waiver for EB-2 exceptional ability in drug development. AAO dismissed appeal because petitioner failed to sufficiently describe her specific proposed future work, preventing analysis of substantial merit, national importance, or positioning.

Psychiatric nurse practitioner sought EB-2 national interest waiver. AAO found he qualified for advanced degree classification but dismissed the NIW appeal because the proposed endeavor lacked national importance, affecting only individual patients rather than the field broadly.

A financial analyst sought an EB-2 classification with a national interest waiver, relying on academic records, an education evaluation and an employer letter to claim advanced degree status. The AAO dismissed the appeal because the petitioner did not establish the underlying advanced degree qualification, so the waiver analysis was not reached.

Legal consultant seeking EB-1A extraordinary ability classification. Claimed membership and original contributions in addition to scholarly articles. AAO found only two criteria met: scholarly articles met, but membership criterion withdrawn due to insufficient evidence. Original contributions lacked demonstration of significance. Overall record did not show sustained national or international acclaim or placement among field's very top.

Flight simulator engineer sought EB-2 classification and national interest waiver. AAO remanded because Director failed to adequately analyze underlying EB-2 eligibility and did not apply Dhanasar framework to NIW claim despite beneficiary identifying specific proposed endeavor.

A singer claimed extraordinary ability through seven criteria: awards, published material, judging, original contributions, displays, and two unspecified criteria. She met judging and display criteria but fell short of the required three minimum. The AAO dismissed the appeal, finding the evidence insufficient to demonstrate sustained national or international acclaim at the very top of her field.

Tax accountant seeks extraordinary ability classification. Met three criteria on initial evidence; however, final merits determination found no sustained national or international acclaim or placement among small percentage at field top, warranting dismissal.

Economist with advanced degrees and federal and academic experience seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO found proposed work in economics research has substantial merit but lacks national importance: petitioner provided only vague references to prior work without detailing specific prospective impact. Appeal dismissed.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Entrepreneur sought NIW as EB-2 exceptional ability individual in business. AAO affirmed that petitioner failed to establish advanced degree or exceptional ability qualification under underlying EB-2 category. Dhanasar framework analysis not reached due to lack of prerequisite eligibility.