Published AAO appeal decisions

Logistics consultant seeking EB-2 with self-petitioner NIW for consulting business. Claimed endeavor in supply chain optimization and sustainable logistics practices has substantial merit and national importance. AAO held endeavor lacks national importance; benefits limited to prospective clients; no evidence of unique methodologies or field-wide impact.

A ranch manager with advanced degree sought EB-2 with national interest waiver for cattle ranch operations. AAO granted underlying EB-2 eligibility but denied waiver, finding proposed job lacked demonstrated national importance. Local economic impact and industry relevance alone insufficient without broader field implications.

Special education teacher sought EB-2 NIW to establish a company providing training and development for inclusive education. AAO held she qualifies as advanced degree professional, but proposed endeavor lacks national importance; while addressing teacher shortage is important, services benefit only company clients without broader field implications.

Project manager with advanced degree sought NIW. Proposed business providing project management services with community involvement initiatives. AAO found proposed endeavor lacks national importance; services not unique or innovative; community programs do not extend beyond participants to impact field broadly; employment projections not substantial compared to industry. Second and third prongs reserved.

A commercial airline pilot seeking EB-2 classification with national interest waiver claimed his endeavor would reduce strain on the aviation industry from pilot shortage. The AAO dismissed the appeal on two independent bases: invalid electronic signature on the appeal form and failure to establish first prong national importance under Dhanasar framework.

An entrepreneur sought a national interest waiver for EB-2 classification with an advanced degree. The AAO found he failed to establish that his proposed construction sector venture has national importance, lacking sufficient evidence of prospective economic impact or job creation. The appeal was dismissed without analyzing the remaining Dhanasar prongs.

An architect sought EB-2 classification and NIW. The AAO upheld the service center's dismissal of a motion to reconsider. The petitioner lacked advanced degree or five years post-baccalaureate experience, and failed to meet three exceptional ability criteria. Underlying EB-2 eligibility unestablished; NIW eligibility not reached.

CEO with advanced degree sought EB-2 NIW for self-employed consulting firm in business development and global trade. AAO held proposed endeavor, though of substantial merit, lacks national importance; petitioner failed to show broader implications or economic effects rising to national level.

Cinematographer from Italy sought EB-1A for short films and music videos. AAO upheld denial: satisfied only two of ten criteria (judging and exhibitions). Published material claim rejected; comparable evidence for critical role rejected. Insufficient evidence of sustained national or international acclaim required for top-tier classification.

A dentist with an advanced degree proposed opening three dental clinics to serve underserved populations and teach geriatric dentistry. The AAO held the endeavor, while substantially meritorious, lacks national importance because it fails to demonstrate broader implications beyond direct patient benefit or meaningful impact on the dental industry.

A machine learning engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found he qualified with an advanced degree but denied the waiver. Generic publications about artificial intelligence and the 2023 AI Executive Order do not establish national importance of his specific research and development work for his current employer.

Pilot with advanced degree seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding petitioner failed to demonstrate that proposed aviation safety and survival training endeavor has national importance beyond immediate clientele, focusing on specific endeavor rather than industry importance.

Car dealership owner seeking EB-2 exceptional ability with national interest waiver. Claimed endeavor has national importance through environmental benefits and economic effects. AAO affirmed denial because proposed business lacks national importance, significant U.S. employment potential, or broader field implications.

An industrial-organizational consultant and entrepreneur sought EB-2 NIW classification, proposing a manufacturing consulting and workforce training company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and consistency to establish substantial merit and national importance under Dhanasar's first prong.

Self-petitioner maintenance engineer proposes eco-friendly maintenance consulting company claiming economic importance and job creation. AAO dismissed because petitioner failed to establish national importance; proposed company lacks broader field impact; projected 23 jobs and business profits insufficient for substantial national economic effects.

A project manager in mining industry sought NIW for EB-2 advanced degree classification. The AAO found the proposed endeavor lacked substantial national importance under Dhanasar, noting projected revenue and job creation did not establish operation at the level of national significance. Appeal dismissed.

Public policy advocate and project manager with doctorate and master's degree seeking NIW classification. Petitioner proposed sustainable farming and biomass fuel development endeavor and submitted recommendation letters. AAO held proposed endeavor lacked national or global implications required under Dhanasar first prong; appeal dismissed.

A geoscientist and volcanology researcher pursuing doctoral degrees seeks extraordinary ability classification. The AAO sustained the appeal, finding the petitioner met five initial criteria and demonstrating through aggregate evidence sustained national or international acclaim, field recognition, and placement among the very top of the volcanology field.

An information security engineer sought extraordinary ability classification. The service center accepted judging and scholarly articles, and the appeal disputed three more: awards, original contributions and high salary. The AAO dismissed it, finding those criteria unmet and no sustained acclaim or top-of-field standing shown in the overall record.

Rope access specialist sought EB-2 national interest waiver. AAO held endeavor lacks national importance because general industry benefits do not demonstrate prospective impact commensurate with national scope. Appeal dismissed without reaching second and third Dhanasar prongs.

An international supply chain specialist sought EB-1A classification as extraordinary ability. The AAO confirmed three criteria were satisfied but found the final merits analysis did not support extraordinary ability. The petitioner lacked sufficient documentation of national or international acclaim and top-tier status in the field.

A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.

A tennis player sought EB-1A extraordinary ability classification with two initial criteria met. She claimed membership in national team and leadership role on university team. The AAO affirmed denials on both: national team membership lacks expert judgment; university team lacks distinguished reputation. Only two criteria met; three required minimum.

An entrepreneur with advanced degree seeking EB-2 national interest waiver for an electric vehicle charging solutions company claimed substantial merit and national importance. The AAO found substantial merit but held the record lacks evidence showing his specific company would have prospective national impact beyond general industry importance.

Senior security engineer claiming extraordinary ability in IT security. Petitioner claimed seven criteria but satisfied only two: judging and high salary. AAO dismissed appeal, finding insufficient evidence of national or international recognition, outstanding achievements through memberships, or published materials meeting regulatory standards. Record lacks evidence of sustained acclaim placing petitioner at field's top.