Published AAO appeal decisions

Equestrian rider and trainer specializing in show jumping sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only two of three required initial criteria (awards and judging) and failed to demonstrate sustained national or international acclaim and placement among the very top of the field.

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Music director seeks NIW under EB-2 advanced degree or exceptional ability classification. AAO affirmed denial: endeavor has substantial merit but lacks national importance; revenue and employment projections insufficient to demonstrate substantial positive economic effects at national or regional level.

Industrial engineer and transportation company owner self-petitioned for EB-2 NIW. AAO affirmed denial because petitioner failed to provide required certified translations and credential evaluations proving foreign equivalent advanced degree, precluding NIW analysis.

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.

Warehouse general manager and plant safety manager sought NIW classification. AAO held proposed managerial work, though demonstrating substantial merit, lacks national importance because it does not show impact beyond prospective employer, industry-wide influence, or significant U.S. job creation or economic effects.

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

A permanent makeup artist, trainer, and salon owner proposed operating an aesthetic beauty salon and training center, claiming exceptional ability and national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; claimed free cancer patient services represented a material post-filing change and prior experience primarily addressed a different Dhanasar prong.

An aircraft maintenance technician in aviation sought EB-2 exceptional ability and NIW. The AAO dismissed the appeal because the petitioner failed to satisfy at least three of six exceptional ability criteria, making NIW analysis unnecessary.

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

Entrepreneur and regulatory affairs manager with environmental engineering degree seeks NIW for EB-2 classification. Petitioner claimed endeavor consulting on medical device regulations has national importance due to field growth and job creation. AAO found substantial merit but dismissed; working in important field does not establish national importance of specific endeavor.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Physiology researcher sought EB-1A extraordinary ability classification. Petitioner satisfied two criteria (judging and scholarly articles) but claimed only one additional criterion (original contributions). AAO found original contributions insufficiently demonstrated as major significance and dismissed appeal; final merits review not required.

Veterinary science researcher with bachelor's and master's degrees sought EB-1A extraordinary ability classification. Met only two of ten required criteria. AAO affirmed denial because petitioner failed to demonstrate sufficient initial evidentiary requirements for extraordinary ability determination.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.

Finance entrepreneur seeks NIW for consulting company connecting Brazilian investors to US financial products. Claimed substantial merit and national importance. AAO found specific proposed endeavor lacked demonstrated national importance despite broad industry relevance.

Accountant sought EB-2 NIW for tax and business services to companies and individuals. AAO dismissed: while endeavor has substantial merit, petitioner failed to show broader national or global impact required for national importance. Government initiatives and industry developments do not establish her specific endeavor's national importance.

Film and television producer sought EB-2 exceptional ability classification and national interest waiver. AAO affirmed service center denial, finding petitioner met only two of six regulatory criteria for exceptional ability; letters lacked specific detail on recognition and awards lacked nexus to petitioner's contributions.

An artist sought EB-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner met only one of ten evidentiary criteria and failed to demonstrate sustained national or international acclaim required for the final merits determination.

Entrepreneur and coach specialist with exceptional ability sought NIW for business consulting services in training and development. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance required under Dhanasar; declined to address second and third prongs.

A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was dismissed.

Civil project manager sought NIW under Dhanasar framework. AAO agreed proposed endeavor lacked national importance because petitioner did not demonstrate broader implications to construction or infrastructure beyond specific clients. Opinion confuses petitioner's qualifications with endeavor characteristics.