Published AAO appeal decisions

Musician and music teacher seeks NIW for EB-2 to establish national network of rhythm therapy centers. USCIS found substantial merit but AAO affirmed no national importance shown; petitioner not well-positioned to advance without evidence of scalable model implementation.

A tattoo artist sought EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal because the petitioner met only one of three claimed exceptional ability criteria; therefore, the underlying EB-2 classification was not established and national interest waiver Dhanasar prongs were not addressed.

A property management company sponsored a graphic designer under the EB-2 advanced degree category, not a national interest waiver. After approval was revoked for lack of intent to employ full-time and inability to pay, the AAO found those grounds unsupported but noted missing ability-to-pay evidence for the priority date year, and remanded.

Sustainable design consultant with experience in architecture and urban planning seeks to transform U.S. urban housing through sustainable, recycled materials like shipping containers. Claimed endeavor has national importance. AAO dismissed appeal, finding endeavor lacks demonstrated national importance and broader field implications required by Dhanasar.

Graphic designer seeks NIW classification. Proposed multiple inconsistent endeavors including consulting, training, nonprofit work, and design roles. AAO found petitioner shifted plans and failed to provide consistent, coherent, specific description supported by independent evidence. Appeal dismissed.