Published AAO appeal decisions

A postdoctoral researcher in civil engineering met three evidentiary criteria but failed the final merits determination. The AAO found his peer review service, citations, and scholarly articles reflected expertise but not sustained national or international acclaim required for extraordinary ability classification. The record did not demonstrate he reached the very top percentage of the field.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

An oil and gas mechanical engineer sought EB-1A extraordinary ability classification. Although he satisfied three regulatory criteria (judging, scholarly articles, leading roles), the final merits analysis found he lacked sustained national or international acclaim and did not rank among the very top of his field.

Karate coach seeking extraordinary ability classification. Prior appeal found two criteria met; matter reopened. Petitioner claimed seven additional criteria, but AAO found award certificates do not qualify and lack national recognition. Even with two prior criteria met, final merits analysis shows insufficient acclaim for top-level status in field.

Project engineer seeks national interest waiver for EB-2 classification. Business plan proposed personalized training in project engineering with claims of reducing reliance on foreign contractors. AAO found endeavor substantially meritorious but lacked national importance because benefits were specific to employer rather than having broader implications for the field.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

An investment advisor seeks EB-2 NIW as advanced degree professional with national interest waiver. SCOPS found her qualified for underlying EB-2 but denied waiver. AAO affirmed, finding her proposed endeavor lacks national importance because working as investment trust manager would not impact her field broadly or generate substantial positive economic effects.

Medical resident and researcher sought EB-1A extraordinary ability classification based on six claimed criteria. Service center found only two criteria met; AAO affirmed, finding only judging and scholarly articles satisfied. Since fewer than three criteria were met, petitioner failed threshold initial evidence requirements, so final merits analysis was not needed. Appeal dismissed.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

Airline pilot and engineer seeks NIW for EB-2 to establish aviation safety training company in HUBZone. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; speculative training program lacks broad implications beyond proposed company clientele.

A solar power engineer and entrepreneur sought NIW to establish a company providing solar-integrated electric vehicle charging stations. AAO dismissed because the applicant failed to demonstrate national importance; supporting opinion letters lacked substantive analysis and no evidence showed significant potential for U.S. job creation or regional economic impact.

Staff R&D engineer seeking NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed research projects lack sufficient evidence of national or global impact or broader field implications. Benefits narrowly confined to specific employer. Appeal dismissed.

Finance specialist in power generation seeks NIW for EB-2 classification to advance M&A endeavor channeling capital into power and battery storage projects. AAO affirmed EB-2 eligibility but rejected NIW because petitioner failed to demonstrate her specific proposed endeavor has national importance; industry-wide evidence insufficient without showing individual impact.

A management scientist sought EB-2 classification with a national interest waiver for research-based endeavors in inclusive leadership and workforce adaptability. The AAO dismissed because the petitioner failed to demonstrate substantial merit and national importance of the specific proposed endeavor under Dhanasar's first prong.

An entrepreneur with advanced degree claims NIW for supply chain logistics consultancy. AAO reversed service center's EB-2 denial on advanced degree grounds but affirmed NIW denial, finding specific endeavor lacks national importance; work for prospective clients lacks regional or national impact.

Logistician and entrepreneur sought EB-2 NIW to establish domestic trucking logistics business. AAO dismissed appeal, holding proposed endeavor lacked national importance despite substantial merit; job projections lacked corroboration and scope insufficient for broader industry impact.

An engineer in renewable energy with master's degree in sustainable energy sought NIW for solar energy systems design. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the proposed endeavor, which lacked sufficient prospective impact on the field or broader economy.

A finance professional self-petitioned for EB-2 NIW as anti-money laundering compliance specialist. The AAO dismissed the appeal, finding her proposed endeavor lacks sufficient national importance despite alignment with federal priorities.

A consultant sought an NIW to operate a consultancy company for small and medium-sized enterprises. Although the AAO found substantial merit and the petitioner well positioned, the endeavor lacked national importance; consulting services for regional businesses did not demonstrate prospective impact of national significance.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

PhD holder in AI and infrastructure management, founder of startup, sought EB-2 NIW. Proposed endeavor: lead AI and infrastructure research and consulting. USCIS found substantial merit but insufficient evidence of national importance. AAO affirmed: endeavor lacks specificity, funding details, and demonstrated broader impact; appeal dismissed.

Computer software engineer proposing manufacturing software company claiming STEM field status and broader implications for intelligent manufacturing. AAO held proposed endeavor fails national importance: business plan lacks credible location and employment data, financial projections unsubstantiated, no demonstrated broader implications beyond general industry importance.

Data scientist self-petitioner sought EB-2 NIW based on advanced degree and proposed research in anomaly detection. AAO affirmed denial, holding petitioner did not establish national importance under first Dhanasar prong; research projects lacked specificity and documentation showing broader field or industry impact. Second and third prongs not addressed.

A pilot with advanced degree sought EB-2 national interest waiver for employment in pilot training and aviation. AAO affirmed denial, finding his proposed endeavor lacked national importance; being in an important industry or STEM field is insufficient without demonstrating the specific endeavor's broader prospective impact.

Registered professional engineer with MBA and metallurgical engineering degree seeks EB-2 national interest waiver in energy sector. Petitioner claimed endeavor advancing sustainable energy and strategic planning serves national interests. AAO held first Dhanasar prong unmet: proposed endeavor inadequately described, too vague; expertise above-average insufficient; general field importance does not establish specific endeavor's national importance.