Published AAO appeal decisions

Fine art painter in modernistic impressionist style claimed extraordinary ability. Met minimum three evidentiary criteria: awards, judging, and exhibitions. AAO affirmed dismissal at final merits stage. While petitioner is acclaimed and recognized, evidence does not demonstrate place among small percentage at field's very top. Record lacks comparative information about other artists and relative standing.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Computer scientist seeking NIW for research on machine learning and high-performance computing convergence. AAO dismissed appeal, finding the proposed endeavor insufficiently specific to permit Dhanasar analysis and lacking demonstrated national importance or broader field impact.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

A ceramic artist self-petitioner claimed extraordinary ability under EB-1A. The AAO found he met four initial evidentiary criteria but determined on final merits that the evidence did not establish sustained national or international acclaim at the very top of his field, distinguishing him from merely very good artists.

Fintech business executive sought EB-1A extraordinary ability classification. Met one of ten initial criteria. AAO affirmed director's rejection of scholarly article authorship and high salary criteria due to insufficient evidence of scholarly publication and unexplained salary discrepancies.

Advanced degree professional seeking EB-2 with national interest waiver for proposed pastry shop business. Petitioner claimed endeavor would promote healthier eating and create jobs aligned with national health goals. AAO found insufficient evidence that the specific proposed endeavor has national importance, requiring broader implications than claimed.

A petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner failed to identify which of the ten regulatory criteria she claimed to meet or how her evidence related to each criterion, making substantive analysis impossible.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

A CEO with AI and software expertise sought NIW as EB-2. The service center approved his advanced degree status but denied the waiver, finding no evidence the endeavor transcends personal clients to achieve national significance. The AAO affirmed, distinguishing petitioner's qualifications from the endeavor's prospective impact requirement.

A dancer and choreographer sought EB-1A extraordinary ability classification claiming seven criteria. The AAO found the petitioner met the exhibitions criterion but failed to establish three of ten required criteria. Without meeting the threshold evidence requirement, the AAO dismissed the appeal without reaching a final merits determination.

Doctoral nutrition science student seeks EB-2 advanced degree and national interest waiver for research on nutrition, obesity, and sustainable farming. AAO held endeavor has substantial merit but lacks national importance; expert letters insufficient to demonstrate specific prospective impact on field broadly.

Singer sought EB-1A extraordinary ability classification. AAO held she met only one of ten initial criteria (judging); failed to satisfy three-criterion threshold. Evidence of awards lacked international recognition, organizational memberships uncertified, published material articles improperly documented, and overall record failed to show sustained acclaim at field's top tier.

A financial consultant sought NIW as EB-2 to operate a strategic advisory firm. The service center approved his advanced degree status but denied national interest waiver, finding insufficient evidence of endeavor's national importance. The AAO affirmed, holding unsupported projections of job creation and revenue insufficient to demonstrate national significance.

Physical therapist seeks EB-2 with NIW for consulting business in Pennsylvania/Nevada/Arizona region. Claimed endeavor has national importance with revenue and employment projections. AAO held first prong unmet: business projections unsubstantiated; no evidence of broader field impact, significant worker population reach, or national economic significance.

An energy efficiency professional seeking EB-1A extraordinary ability claimed five criteria: awards, published material, original contributions, leading role, judging, and scholarly articles. AAO found he failed to establish three qualifying criteria and lacks evidence of upper-echelon status.

An entrepreneur seeking EB-2 exceptional ability and national interest waiver for a transportation services business. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar's first prong because it would benefit only the petitioner's customers without broader industry implications or substantial economic effects commensurate with national importance.

Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.

Nutritionist seeks EB-2 NIW to provide nutrition services and education addressing childhood obesity and chronic disease. Petitioner claimed alignment with federal STEM and health initiatives and job creation, but lacked evidence of national importance. AAO dismissed because endeavor operates in single location and lacks requisite prospective impact affecting broader economy.

Radiologist seeking NIW for radiological protection management consulting business. AAO dismissed appeal, finding petitioner failed to meet at least three exceptional ability criteria required for underlying EB-2 classification, making NIW eligibility determination unnecessary.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

A researcher claimed extraordinary ability in sciences, meeting two of ten criteria (judging, scholarly articles). AAO affirmed dismissal because original contributions lacked major significance and evidence of citations was only incremental contribution; no sustained national or international acclaim demonstrated.

An electronics technician proposed a pool heating and automation business claiming national importance for sustainability. The AAO dismissed the appeal because the specific proposed endeavor lacked national importance; letters from professors did not demonstrate how routine pool installation services would have broader implications or substantial economic effects.

A furniture business owner and chief executive sought extraordinary ability classification, claiming lesser awards, a leading role and high salary. The AAO dismissed the appeal because the awards criterion was not established, three criteria were not shown, and the record did not demonstrate sustained national or international acclaim.