Published AAO appeal decisions

A corporate executive sought EB-1A classification claiming seven criteria but abandoned most on appeal. The AAO dismissed, finding only one criterion met and insufficient evidence of high salary or additional achievements, concluding the executive failed to demonstrate the sustained acclaim required for extraordinary ability.

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

An electrical engineering consultant seeking a national interest waiver for EB-2 classification to enhance U.S. energy resilience through microgrid development. AAO affirmed denial, finding the proposed endeavor lacked national importance because impacts were limited to specific clients rather than demonstrating broad national effects.

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Tattoo artist filed motion to reconsider AAO dismissal of EB-1A appeal. AAO had found five criteria met but denied final merits. Motion contests one-time achievement and lesser awards determinations. AAO affirms second place award is not major or internationally recognized and petitioner has not shown sufficient national or international recognition of his awards.

Self-petitioner, electrical engineer with Ph.D., seeks national interest waiver for EB-2 to develop computer-aided design tools for IC packaging design. Petitioner holds advanced STEM degree but failed to establish being well-positioned to advance proposed research; lacked specificity linking past work to endeavor and did not demonstrate field impact or funding generation comparable to precedent.

An economist with a PhD proposed research integrating multimodal data and cognitive engagement technologies to analyze healthcare decision-making, supported by NSF funding. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor would advance AI or human-machine interfaces to national importance.

Business professional in innovation ecosystem development claimed extraordinary ability through six criteria. AAO found only one criterion met (judging). Memberships lacked outstanding achievement requirement; published materials did not substantively address petitioner; original contributions insufficiently documented. Record did not establish sustained national acclaim.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

Chief executive officer and entrepreneur filed second motion to reopen EB-1A extraordinary ability petition. AAO dismissed motions because applicant neither provided documentary evidence of new facts nor demonstrated legal error in prior decision; applicant merely reargued issues already decided.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

A self-petitioner sought an EB-2 classification with a national interest waiver, and the service center denied it. The AAO dismissed the appeal on procedural grounds, finding the signature on the appeal form was an image copied from other documents rather than an original handwritten signature. The merits of the waiver were not decided.

A computer engineer proposes privacy research in computing. AAO affirmed denial, holding proposed endeavor lacks qualitative contributions with national implications; merely adding incremental knowledge to field without demonstrating wide prospective impact fails Dhanasar national importance requirement.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

A civil engineer proposed research on traffic safety analysis methods. The AAO held the specific endeavor lacks national importance despite relating to a valued field; the endeavor did not demonstrate broader field impact or prospective significance required by Dhanasar's first prong. Appeal dismissed.

Materials scientist petitioner sought EB-1A extraordinary ability classification. She met judging and scholarly articles criteria but failed to satisfy three additional criteria or hold a major award, thus lacking initial evidence requirements. AAO dismissed the motion to reopen and reconsider because petitioner presented no new facts warranting reconsideration.

Automotive engineer sought EB-2 NIW to develop Advanced Driver Assistance Systems. AAO clarified Dhanasar does not require percentage thresholds but affirmed petitioner failed to show broad technological or public safety implications at national importance level. Motions to reopen and reconsider dismissed.

Computer science graduate proposes research on neuroinformatics, obesity, and Alzheimer's disease with healthcare applications. AAO dismissed appeal finding proposed endeavor lacks sufficient evidence of broader field impact for national importance and petitioner insufficient prior success demonstrating ability to advance the research.

Medical scientist proposing clinical trial safety consulting company. Claimed national interest waiver under Dhanasar framework. AAO held proposed endeavor lacks national importance; benefits restricted to company clients rather than broader healthcare field or economy.

Chief architect of digital transformations met three initial evidentiary criteria and demonstrated acclaim and recognition in his field. However, AAO found he was very good but not among the small percentage at the very top, dismissing the appeal.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

Self-petitioner sought EB-1A extraordinary ability classification. Appeal dismissed on procedural grounds: Form I-290B and Form G-28 lacked valid original signatures as required by regulation, and foreign language documents relied on blanket translation certificate that did not identify specific documents.

A debt recovery and fraud prevention specialist claimed five EB-1A criteria but satisfied only one on appeal. The AAO affirmed denials of membership and published material criteria and withdrew the high-salary finding. With insufficient criteria met, final merits analysis was not reached.