Published AAO appeal decisions

Senior business analyst proposes self-employment in e-waste AI and e-commerce business. Claimed endeavor has national importance and would generate jobs and tax revenue. AAO dismissed appeal, finding endeavor lacks documented prospective impact beyond specific clients and does not meet national importance requirement under Dhanasar first prong.

IT professional with advanced degree seeks NIW to work in project management and AI adoption. AAO agreed endeavor has substantial merit but lacked national importance because benefits did not extend beyond individual employers or substantially impact the field.

HR consultant sought EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit of proposed US HR consulting endeavor but failed to establish national importance, concluding prospective impact limited to particular business rather than field or broader economy. Appeal dismissed without addressing positioning or balance arguments.

Helicopter pilot self-petitioner claimed six criteria for EB-1A extraordinary ability. AAO found three criteria met: awards, published material, and leading critical role. However, AAO denied the petition because evidence spanning only 2018–2024 does not establish sustained acclaim or placement among the very top of the field.

A telecommunications business manager self-petitioning for NIW sought EB-2 as individual of exceptional ability. The AAO found the proposed endeavor of integrating AI and IoT in telecommunications had substantial merit but lacked demonstrated national importance. The decision dismissed because petitioner failed to show specific national-level impact beyond his company.

Epidemiologist seeks EB-2 national interest waiver for research endeavor in cardiovascular devices, diabetes, nutrition, and diagnostics. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the specific proposed endeavor beyond general field importance, lacking evidence of broader impact or economic benefit.

An advanced computing specialist sought EB-2 national interest waiver to found a consulting firm offering AI-driven sustainable computing solutions in autonomous vehicles, healthcare, and semiconductors. The AAO affirmed denial because the proposed endeavor lacked sufficient evidence of national importance, broader field impact, or substantial economic effects.

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

A financial accountant claimed extraordinary ability under EB-1A through multiple criteria. The AAO found only one criterion satisfied (scholarly articles), falling short of the required three. Published material lacked major media publication, leading role lacked organizational distinction, and salary comparison data was inapplicable. Appeal dismissed.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

Brazilian jiu-jitsu athlete and instructor with 40 years in the field claims extraordinary ability. Met two evidentiary criteria but failed to establish three required criteria: awards lack national recognition, leading role lacks distinguished organization evidence, and salary evidence insufficient. Appeal dismissed.

A security consultant sought EB-2 national interest waiver to establish a security services business. The AAO affirmed denial, finding the proposed business lacked national importance despite the field's merit, as its impact would not extend beyond specific clients to affect the security sector broadly.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

Financial technologist and CEO of self-owned fintech firm from Dominican Republic seeking EB-1A classification. Claimed five criteria; the AAO found membership and high salary unmet and deemed published material and scholarly articles waived. Without three criteria met, the AAO dismissed the appeal without reaching overall extraordinary ability.

Nondestructive testing and chemical engineer with 25 years experience sought NIW for proposed NDT consulting endeavor. AAO found substantial merit but rejected national importance prong, concluding the individual company's services lacked broader implications for the field, region, or nation. Appeal dismissed.

A postdoctoral researcher sought extraordinary ability classification for work on emotional regulation and neural processing. The AAO dismissed the appeal, finding the petitioner satisfied only one of three claimed criteria and failed to establish either original contributions of major significance or qualifying judging experience.

Executive in sustainable energy technology with prior O-1 status claims extraordinary ability under EB-1A. AAO found petitioner met high salary and leading role criteria but rejected the petition because evidence of publications, awards, and other accomplishments did not establish sustained national or international acclaim at the very top of the field over her career.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

International trade specialist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria and service center found two met. On appeal, petitioner contended three additional criteria were satisfied. AAO affirmed service center's findings, concluding petitioner met only two criteria (judging and scholarly articles), below the three-criterion threshold, and dismissed the appeal without reaching final merits.

A data scientist with a master's degree in software engineering claimed six evidentiary criteria for extraordinary ability. The AAO affirmed the service center's finding that she met only two criteria, judging and scholarly articles. She failed to establish that IEEE senior membership requires outstanding achievements or that her original contributions were of major significance. Without three satisfied criteria, the petition was dismissed without final merits review.

Finance manager filed combined motions to reopen and reconsider a dismissed NIW appeal. AAO found motion to reconsider untimely under regulations; motion to reopen also untimely, and even if excused, contained no evidence of national importance of proposed work, the dispositive issue in prior dismissal. Both motions dismissed.

A professional pole dancer sought EB-1A extraordinary ability classification. She claimed four criteria: awards, published material, judging, and exhibitions. The AAO found she failed to meet at least three criteria, specifically rejecting awards and published material as lacking probative evidence, and did not reach final merits analysis.

Fintech entrepreneur seeks EB-2 with NIW claiming exceptional ability. AAO found petitioner met only one of six regulatory criteria despite service center's unsupported claim of three criteria. Final merits review confirmed lack of expertise significantly above ordinary level in finance. NIW not addressed.