Published AAO appeal decisions

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.

A human resources specialist sought EB-2 NIW for a proposed HR consulting company offering diversity and inclusion workshops. The AAO dismissed, holding the endeavor lacks national importance because services to individual clients and companies, despite focus on vulnerable populations, lack prospective impact on field or national scale.

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

A musician sought EB-1A classification claiming three of ten evidentiary criteria. The AAO found he met judging and exhibitions criteria but rejected published materials and scholarly articles claims. The decision concluded the petitioner lacked the sustained national or international acclaim required for extraordinary ability.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Aquatic coach and instructor claiming EB-1A extraordinary ability in athletics. AAO affirmed denial, finding applicant failed to satisfy three required alternate criteria and lacks sustained national or international acclaim demonstrating extraordinary ability among the very top of field.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Stage construction and engineering professional sought EB-1A extraordinary ability for art, theatre, and film work. AAO held three criteria satisfied (published material, judging, leading roles) but record failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.