Published AAO appeal decisions

A restaurant entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner met only two of six criteria and failed final merits review; evidence of business success and awards did not establish expertise significantly above ordinary level in the field.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

A martial arts instructor claimed three EB-1A criteria: association membership, published material, and leading roles. The AAO found membership did not satisfy regulatory requirements, and with only three criteria claimed, failure of one prevented reaching the minimum threshold. Appeal dismissed without final merits analysis.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.

Electrical engineering researcher sought EB-2 NIW for work on renewable energy integration into power grids. AAO held proposed endeavor lacks national importance; research shows no implications beyond university context; appeal dismissed.

An individual sought EB-1A classification based on extraordinary ability. The Director found he met three initial evidentiary criteria but lacked sustained national or international acclaim and top-tier status. The AAO affirmed dismissal, finding the petitioner waived the challenge to the intent-to-continue-work requirement by not addressing it on appeal, making that dispositive issue sufficient to dismiss without reaching other arguments.

Chief executive officer and entrepreneur seeking EB-2 exceptional ability classification with national interest waiver. Claimed all six regulatory criteria for exceptional ability. AAO affirmed Director's denial because petitioner failed to satisfy any of the six criteria required for exceptional ability; without underlying EB-2 eligibility, NIW claim could not be reached.

A business and logistics specialist sought EB-2 NIW for work in the import-export industry. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it showed only employer-specific cost reduction, not broader field impact or documented job creation potential.

Entrepreneur in cargo transportation and logistics sought EB-2 NIW as exceptional ability individual. AAO held petitioner met only one of six required criteria for exceptional ability and withdrew membership finding; appeal dismissed as petitioner ineligible for underlying classification.

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

Chief executive sought EB-2 NIW to develop online application providing mental health strategies. AAO held endeavor has merit but lacks national importance; projected employment of eight jobs and modest profit do not meet Dhanasar's substantial economic effects threshold.

Real estate entrepreneur sought EB-2 NIW for affordable housing initiative. AAO dismissed appeal, finding the proposed endeavor lacked sufficient prospective impact extending beyond the petitioner's clients to demonstrate national importance or substantial positive economic effects required by Dhanasar.

Biochemist seeking EB-1A claimed extraordinary ability in sciences. AAO held petitioner met only two criteria and failed on original contributions because evidence lacked objective demonstration of major significance, reliable citation metrics, or proof of field-wide impact.

Attorney seeks NIW for EB-2 advanced degree classification to start law firm providing immigration and legal services. AAO dismissed appeal, finding no demonstrated national importance: occupational shortage does not establish national importance, and impact limited to own clients without broader field advancement.

HVAC and electrical professional seeking EB-2 exceptional ability and NIW. AAO affirmed dismissal of motion to reopen and reconsider because petitioner failed to submit new facts supported by affidavits and documentary evidence, and motion to reconsider lacked citations to law or showing decision was incorrect.

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.

A computer systems professional with 15 years IT project management experience sought EB-2 national interest waiver. The AAO dismissed, affirming the director's finding that the petitioner failed to identify a specific proposed endeavor, discussing only past accomplishments and future educational plans without demonstrating how any specific endeavor would achieve national importance.

Administrative services manager/entrepreneur seeks EB-2 NIW as individual of exceptional ability. Petitioner met three of six regulatory criteria but failed to demonstrate expertise significantly above ordinary in field. AAO affirmed dismissal on grounds petitioner lacks required exceptional ability classification; NIW analysis not reached.

An economist with over 100 scholarly publications claims extraordinary ability in EB-1A. Director found five criteria met but denied on final merits, claiming insufficient sustained acclaim. AAO reversed, finding the petitioner's 20-year career with continuous publications and recognition demonstrates sustained national acclaim among top economists.

Commercial pilot sought EB-2 classification as individual of exceptional ability and NIW. Director found petitioner met four of six exceptional ability criteria; AAO found actual membership in professional associations not established and training certificates showed completion, not exceptional expertise. Appeal dismissed on both exceptional ability and NIW grounds.

Aircraft pilot and entrepreneur seeking NIW for EB-2 exceptional ability classification proposed a pilot staffing company. AAO found substantial merit but no national importance because the endeavor lacked broader impact beyond the company and its clients, with insufficient evidence of economic scale or scope to affect the nation's economy or aviation industry.