Published AAO appeal decisions

An art curator seeks EB-2 national interest waiver to establish a nonprofit cultural platform for exhibitions, archiving, and education. The AAO affirmed denial because the proposed endeavor lacks demonstrated national importance; support letters and credentials alone do not establish impact extending beyond immediate community.

Architectural designer with two master's degrees seeking NIW to advance sustainable design in United States. AAO affirmed SCOPS determination that endeavor lacks national importance because impact limited to specific employer and clients, without broader field implications or substantial economic effects.

A rigging artist and entrepreneur in entertainment sought EB-2 classification with a national interest waiver. The AAO affirmed dismissal because his proposed endeavor lacks national importance despite working in an important field, and he failed to demonstrate he is well positioned to advance it through education, planning, or demonstrated progress.

An environmental designer with an advanced degree proposed to operate an eco-friendly interior design company. The AAO dismissed the appeal, finding the business lacks demonstrated national importance; the business plan shows only local market impact without evidence of broader economic, societal, or field-wide implications.

An art, drama, and music teacher and entrepreneur seeks EB-2 classification with national interest waiver. Petitioner failed to meet three of six required criteria for exceptional ability. AAO dismissed because petitioner did not establish underlying EB-2 eligibility, making waiver analysis unnecessary.

An interior designer sought EB-2 NIW to establish nonprofit organization promoting sustainable design through education and workshops. AAO affirmed denial, finding petitioner failed to demonstrate she was well positioned to advance the nonprofit endeavor due to insufficient evidence of current efforts and lack of secured funding.

Artist with master's degree sought EB-2 NIW to expand artistic presence in U.S. SCOPS found substantial merit but not national importance. AAO affirmed: endeavor lacks sufficient national importance and broader implications required under Dhanasar framework. Appeal dismissed.

Historical architect sought EB-2 with NIW. After initial denial and multiple unsuccessful motions, the AAO dismissed a final motion to reopen because the petitioner failed to demonstrate that filing delays were reasonable and beyond her control, and did not submit new facts supporting reconsideration.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

An avant-garde pop artist sought NIW for EB-2. The AAO found she met exceptional ability criteria but dismissed because her proposed endeavor lacks national importance. Expert letters discussing art's general value did not demonstrate how her specific work would benefit the U.S. economy or employment.

Music instructor and musician claims national interest waiver for EB-2 immigration. Proposed endeavor to improve representation of diverse identities in orchestral music through teaching and research was found to have substantial merit but lack the national importance required under Dhanasar because impact was limited to local students and lacked broader field implications.

An artistic producer seeks EB-2 NIW to establish arts education academy in Ohio with expansion plans to increase arts access and tourism. Petitioner established endeavor substantial merit but failed to demonstrate national importance despite claimed climate and diversity benefits.

Architect proposing sustainable design endeavors and green building projects seeks EB-2 with NIW. Met four of six exceptional ability criteria but failed to demonstrate expertise significantly above other architects. Record lacks comparative analysis and evidence of significant field impact. Appeal dismissed.

Interior designer and CEO/entrepreneur sought EB-2 NIW. Petitioner claimed three exceptional ability criteria but established only one: advanced degree. AAO found insufficient evidence of ten years full-time experience, professional association membership, and industry recognition. Ineligible for underlying EB-2 classification; NIW analysis reserved.

Ballet teacher and director proposed establishing dance studio offering entertainment training and health and wellness programs. AAO held endeavor lacks national importance because claims about health, social equity, and employment benefits remain localized; petitioner did not demonstrate broader national impact.

An architect sought EB-2 classification and NIW. The AAO upheld the service center's dismissal of a motion to reconsider. The petitioner lacked advanced degree or five years post-baccalaureate experience, and failed to meet three exceptional ability criteria. Underlying EB-2 eligibility unestablished; NIW eligibility not reached.

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.