Published AAO appeal decisions

Entrepreneur in mergers and acquisitions and financial services sought EB-1A classification. Claimed seven criteria. AAO found awards and leading role criteria were not met because supporting evidence lacked adequate recognition and organization stature alone does not establish award prestige. Salary criterion failed for lack of comparative data. Appeal dismissed.

Leadership and personal development consultant sought EB-1A extraordinary ability. AAO found published material criterion met but judging and leading role criteria failed; overall evidence lacked sustained acclaim or elite positioning. Decision noted willful misrepresentation of material facts. Appeal dismissed.

Training and development specialist sought EB-2 NIW for workforce training endeavor. USCIS found substantial merit but denied, concluding proposed endeavor lacked national importance. AAO dismissed, finding petitioner failed to demonstrate specific endeavor would have broader implications or substantial prospective impact beyond personal business.

Healthcare payer business unit manager sought EB-1A extraordinary ability classification. AAO found petitioner established only one criterion—leading critical role—but failed awards, original contributions, and high salary criteria. Petition dismissed for failing to meet three-criterion threshold for extraordinary ability.

Advanced degree professional in community economic development sought EB-2 national interest waiver. AAO held while endeavor had substantial merit, petitioner failed to establish national importance through sufficient evidence of prospective impact, relying improperly on industry importance alone rather than specific proposed endeavor impact.

A franchise development businessman sought EB-1A extraordinary ability classification. He claimed ten criteria and demonstrated two: published material and judging. The AAO affirmed denial, finding he failed to meet at least three criteria, satisfied no major award, and lacked evidence of sustained national or international acclaim required for extraordinary ability.

Logistics analyst employer-sponsored petitioner sought EB-2 NIW. AAO affirmed dismissal finding petitioner failed to establish underlying EB-2 qualification; foreign education credentials not established as equivalent to U.S. advanced degree and insufficient progressive experience documented.

Business operations specialist seeking EB-1A extraordinary ability classification. Claimed high salary, membership, original contributions, and leading role criteria. AAO held high salary determination by service center withdrawn due to lack of comparative evidence; membership criterion not met; beneficiary cannot achieve required three-criterion threshold.

Senior sourcing specialist sought national interest waiver as EB-2 advancing supply chain resilience and national security. Petitioner relied on field importance and federal priorities alignment. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient evidence of well-positioning to advance it.

Transit-oriented development executive self-petitioned for EB-1A extraordinary ability. Although satisfying four initial criteria for published material, judging, scholarly articles, and high remuneration, the AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for extraordinary ability status.

Chef and restaurateur in Turkey claimed EB-1A extraordinary ability, meeting three initial criteria. AAO dismissed appeal, finding evidence insufficient under final merits determination to establish sustained national or international acclaim or ranking among field's highest echelon.

Logistics analyst sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six regulatory criteria. Petitioner did not demonstrate license to practice profession, professional association membership, or industry recognition.

Road safety equipment manufacturer and director sought EB-1A extraordinary ability. Claimed eight criteria; AAO found three met (leading role, high salary, and one other). Dismissed on final merits, finding petitioner's local recognition and regional reputation insufficient to demonstrate extraordinary ability at top level of field.

Managing director of electric vehicle repair and customization shop. Claimed seven evidentiary criteria including awards and published material. AAO found none met. Awards lacked national recognition; published material articles mostly not about petitioner or from non-major media. Appeal dismissed.

Aviation supply chain manager sought EB-2 NIW classification. The beneficiary claimed four exceptional ability criteria but met only one of six required regulatory criteria. The AAO rejected salary and professional association memberships as inadequately documented, finding the beneficiary ineligible for the underlying classification and thus declining to address the waiver prongs.

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

A business management specialist sought EB-1A extraordinary ability classification. The appeal was dismissed on procedural grounds: the Form I-290B was not properly signed, as the signature appeared to be copied, pasted, or stamp-created rather than a valid handwritten signature personally made by the petitioner.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

Regulatory affairs manager in business seeks EB-1A. Petitioner claimed multiple criteria including awards, publications, judging, and high salary. AAO found at least three criteria met but concluded totality of evidence does not establish sustained national or international acclaim or top-tier status in the field.

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

A business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

Business management researcher self-petitioned for EB-1A extraordinary ability classification. Claimed six criteria; AAO found four met but reversed SCOPS on two criteria (membership, published material), concluding threshold requirements unmet. Final merits determination reserved because initial evidence requirements not satisfied.

Business consultant in Brazil claimed six evidentiary criteria but met none of the three required. AAO found award not for excellence in field, SCORE membership insufficient, and company lacked distinguished reputation, declining final merits review.

A businessperson in Colombia seeks EB-1A extraordinary ability classification. AAO found petitioner failed to satisfy any of three claimed evidentiary criteria and could not meet the required minimum threshold of three criteria, so dismissed appeal.

A business management specialist sought EB-1A classification for extraordinary ability. The AAO confirmed she met published material and judging criteria but rejected her high salary claim due to inadequate comparative wage data. With only two criteria met, she failed the three-criterion threshold and appeal was dismissed.