Published AAO appeal decisions

Legal consultant with degree sought EB-2 national interest waiver. AAO found petitioner lacked required five years progressive work experience after degree and failed to establish national importance of proposed endeavor under Dhanasar first prong, making second and third prongs unnecessary.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

An engineer seeking EB-1A classification for a startup thermal energy and heat pump systems business claimed two criteria. The AAO found neither the degree nor professional memberships satisfied the requirements and concluded the record does not establish sustained national or international acclaim required for extraordinary ability.

A model and pageant/fashion choreographer claimed four EB-1A criteria on appeal. The AAO dismissed the appeal, finding she met only the judging criterion and failed two others, thus falling below the three-criterion threshold required for extraordinary ability classification.

A CEO proposes to expand his condominium management software from Brazil to the United States. Under Dhanasar, the AAO held the endeavor lacks national importance, finding insufficient evidence of broad industry impact or substantial economic benefits beyond his clientele.

Shoe designer seeking EB-1A extraordinary ability classification. Petitioner met three initial criteria but failed final merits step. AAO held petitioner lacked sustained national or international acclaim and failed to contextualize accomplishments relative to other top designers.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

Master hairstylist and general manager in hairstyling seeking EB-1A extraordinary ability. Established three of ten criteria through publications, artistic display, and critical role. AAO dismissed appeal finding press coverage and showcase participation insufficient to establish sustained national or international acclaim or top-tier status.

Film and animation director sought EB-2 with national interest waiver. AAO affirmed advanced degree qualification but dismissed appeal, holding proposed endeavor failed to demonstrate national importance; cultural significance of intended television and film projects insufficient without evidence of prospective impact.

A musician sought EB-1A classification by claiming eight criteria. The AAO found one criterion satisfied but dismissed the appeal because the petitioner failed to establish three of ten required criteria. The decision held that the petitioner lacked the sustained national or international acclaim and top-tier status required for extraordinary ability.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

Industrial designer seeking NIW classification. Petitioner claimed substantial merit and national importance for endeavor offering design and branding services. AAO held proposed endeavor amounted to job search lacking prospective impact beyond future employers, insufficient for national importance; appeal dismissed.

A dancer and dance instructor seeks EB-1A classification. The petitioner claimed four criteria, but the AAO found the awards lacked national recognition and judging evidence was deficient. Two other criteria were reserved as not dispositive. The AAO dismissed because petitioner failed to meet either one major award or three of ten criteria, lacking sustained acclaim at the top of the field.

Cartography manager sought EB-2 NIW for GIS development and consulting project. AAO dismissed, finding no sufficient documentary evidence establishing the specific proposed endeavor has national importance or broader field impact despite working in important data technology sector.

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

Dentist holding advanced degree seeking EB-2 with national interest waiver. Petitioner proposed consulting and research in laser dentistry. AAO found the proposed endeavor lacked sufficient specificity and evidence demonstrating potential prospective impact at national importance level. Appeal dismissed under first prong of Dhanasar.

An architect seeking EB-2 national interest waiver for sustainable housing design work claimed the endeavor addresses U.S. housing crisis with national importance. The AAO dismissed the appeal, finding insufficient evidence of how the specific proposed projects would have prospective impact of national importance beyond general industry assertions.

A hemodialysis nurse sought EB-2 classification with a national interest waiver for her proposed mobile dialysis service company. The AAO affirmed denial, finding the endeavor showed substantial merit addressing kidney disease but lacked the national importance required under Dhanasar because it would not impact the field broadly or generate substantial economic effects beyond serving her own patients.

A military chaplain with advanced foreign degrees sought EB-2 classification and national interest waiver. The AAO found she met the advanced degree requirement but dismissed her appeal because her proposed military chaplain endeavor lacked demonstrated national importance beyond serving individual servicemembers.

An exercise physiologist and entrepreneur sought EB-2 classification and national interest waiver for work in exercise physiology and business. The AAO affirmed the service center's denial because the petitioner failed to demonstrate his proposed endeavor had national importance beyond his individual clients and lacked evidence of substantial economic impact.

Semiconductor equipment engineer sought NIW claiming to operate and maintain semiconductor manufacturing facilities. AAO dismissed because the proposed endeavor lacked sufficient specificity and detail; showing work in an important field alone does not establish national importance of the specific endeavor.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

A physician-researcher pursuing a Ph.D. in biomedical sciences seeks NIW for research on breast cancer biomarkers and early detection. The petitioner claimed three Dhanasar prongs. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it given his medical degree and publication record, and waiving job offer requirements would benefit the United States.