Published AAO appeal decisions

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

Architect sought national interest waiver for EB-2 classification. Appeal summarily dismissed because petitioner failed to file brief or statement identifying errors in director's decision within required timeframe, only asserting general eligibility without substantive analysis of Dhanasar prongs.

A woodcarving artist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO found only the academic record criterion satisfied and rejected experience, salary, membership and recognition claims. Because the threshold classification failed, it did not analyze the waiver under the Dhanasar framework, and dismissed the appeal.

An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.

Self-petitioning carpet weaver sought EB-2 exceptional ability classification with national interest waiver. Service center found petitioner qualified as individual of exceptional ability. AAO reversed, finding petitioner does not qualify for underlying EB-2 classification; therefore dismissed appeal without reaching Dhanasar waiver analysis.

A petitioner claiming exceptional ability in the arts sought EB-2 classification with a national interest waiver. After a notice of intent to dismiss, she withdrew the appeal. The AAO granted the withdrawal and entered a finding of willful misrepresentation, based on falsely claimed authorship of two books using plagiarized material.

Self-petitioner artist seeking EB-2 exceptional ability and national interest waiver claimed exceptional ability in the arts and satisfaction of the Dhanasar framework. The petitioner withdrew the appeal after the AAO issued a notice of intent to dismiss based on willful misrepresentation of authorship of three books, a material fact affecting eligibility.

A graduate student in architecture sought an EB-2 exceptional ability classification with a national interest waiver. The AAO held that the salary and recognition criteria were unmet, since scholarships were not shown to be remuneration or significant recognition. Without three criteria, waiver analysis was not reached and the appeal was dismissed.

A historical architect sought EB-2 classification with national interest waiver. The AAO found she qualified as advanced degree holder but failed Dhanasar's first prong: her preservation consulting work, though having substantial merit, lacked evidence of national importance or broader field impact. Appeal dismissed.

Gospel musician sought EB-2 classification with national interest waiver. Petitioner failed to establish advanced degree requirement or exceptional ability, meeting only two of six required criteria. AAO dismissed appeal because proposed work lacks national importance, the first Dhanasar prong, making further analysis unnecessary.