Published AAO appeal decisions

IT project manager with master's degree in information technology seeks NIW for EB-2 classification to manage IT projects and train workers. AAO dismissed appeal, finding endeavor substantial merit but lacking national importance; project management work does not demonstrate broader impact on IT field or substantial positive economic effects.

A tax consultant with a law degree sought EB-1A extraordinary ability classification. She claimed six criteria but met none. The AAO found her honors and publications did not meet regulatory standards and her achievements, while notable in academia, lacked the sustained national or international acclaim required for extraordinary ability.

Chief of executive interim management petitioner self-filed for EB-2 with NIW, claiming his EIM and FDI consulting services have national importance. AAO dismissed: the specific proposed endeavor lacks national importance because it does not demonstrate broad implications or substantial economic effects beyond individual client benefits, despite importance of the EIM industry generally.

A musician who plays a folk stringed instrument sought extraordinary ability classification, claiming six criteria. The Director found four met. The AAO withdrew two of those findings, leaving only two criteria satisfied, short of the required three, and dismissed the appeal.

Senior software developer with Brazilian work history seeks EB-2 NIW. Claimed software development work has national importance. AAO held petitioner failed to show proposed endeavor has national importance; work serves limited clients without broader implications for field, and reliance on general occupation statistics insufficient.

Jewelry and luxury watch designer sought NIW for EB-2. Petitioner claimed custom jewelry and watch design as art form with national importance and job creation potential. AAO dismissed, finding petitioner failed to establish endeavor has national importance because record lacked specific data showing jewelry production rises to national or global level beyond the company.

Self-petitioner, project manager and consultant in construction, sought NIW for work as project manager-consultant. Petitioner met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: while construction and green building are important fields, petitioner's specific endeavor lacks national importance, affecting only specific employers rather than field or profession broadly.

Self-petitioner, business administrator with Ph.D. and master's in human resources, sought NIW for planned online retail store. Petitioner failed first Dhanasar prong: proposed endeavor lacked national importance, merely affecting personal business and customers. Also failed underlying EB-2 classification: operating online store does not qualify as profession.

An embroiderer seeks EB-1A extraordinary ability classification. The petitioner claimed eight of ten regulatory criteria. The AAO dismissed the appeal, finding the petitioner satisfied fewer than three criteria and lacked sustained national or international acclaim required for extraordinary ability.

Physical therapist sought NIW for EB-2 classification to operate therapy clinic in Florida. AAO dismissed appeal, finding petitioner failed to identify specific or consistent proposed endeavor and did not establish national importance. Patient care duties lack scale rising to national importance.

A chief executive officer self-petitioner sought EB-2 classification with national interest waiver. The Director determined underlying eligibility met but denied the waiver, finding no national importance. The AAO dismissed, agreeing the proposed endeavor lacked national importance; benefits accrued primarily to petitioner's business rather than broadly.

An entrepreneur with 25 years of business experience sought a national interest waiver for EB-2 classification, proposing to continue work advising agribusiness companies. The AAO dismissed the appeal because the proposed endeavor lacks national importance; petitioner provided no evidence that his work would impact the industry or economy beyond specific client businesses.

A petitioner claiming exceptional ability for security management proposed a waiver. The AAO dismissed because the petitioner failed to establish the EB-2 exceptional ability classification (not meeting three of six regulatory criteria) and provided inconsistent, insufficient evidence regarding the specific proposed endeavor required for national interest waiver analysis.

Jewelry maker claims extraordinary ability in arts. Director found two criteria met; petitioner claimed four additional on appeal. AAO dismissed, rejecting membership, published material, original contributions, and scholarly articles. Record does not demonstrate sustained national or international acclaim or position among top field practitioners.

Author, motivational speaker, and leadership teacher sought NIW for EB-2 classification to conduct training and mentoring in leadership development. AAO dismissed appeal, finding proposed endeavor lacks national importance as impact limited to direct students, and petitioner failed to demonstrate positioning to advance endeavor despite advanced degrees.

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

A woman who participates in a government medical research study because she carries a particular genetic variant sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because she claimed no regulatory criteria, showed no comparable evidence, and did not show that a biological trait is an occupation. The waiver framework was not reached.

An entrepreneur seeking EB-2 classification with national interest waiver for a trucking business failed the first Dhanasar prong. The AAO found the proposed endeavor lacked demonstrated national importance despite industry relevance, as the petitioner showed no evidence the business would impact the broader freight transportation industry beyond his company's operations.

Attorney and social responsibility expert seeks NIW for EB-2 advanced degree classification. Proposed creating business promoting family values, work-life balance, and social responsibility. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed past philanthropy but no evidence of prospective impact at national level.

Tax compliance manager with advanced degree from Venezuela seeks NIW. AAO affirmed denial, finding her continued employment with current employer lacked national importance. General industry importance insufficient; specific endeavor must show national or global implications.

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

A film and media editor sought EB-1A extraordinary ability classification. Though he met only one criterion (exhibitions), the AAO rejected awards and leading role findings due to insufficient documentation. He failed to meet the three-criterion threshold and lacked evidence of sustained national or international acclaim.

A financial manager with advanced degree seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because proposed financial management and accounting work, while of substantial merit, lacked national importance; work would benefit specific employers and clients but not impact field or industry broadly.

A computer scientist and instructor sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner qualified as advanced degree professional but failed the first Dhanasar prong because she did not present a specific proposed endeavor and her teaching activities lacked broader field impact.

Pilot with advanced degree claimed NIW based on aviation industry pilot shortage and proposed flight instruction or academy work. AAO found proposed endeavor too vague with inconsistent job ideas to determine national importance, failing first Dhanasar prong.