Published AAO appeal decisions

Medical device manufacturing entrepreneur with advanced degree sought NIW. Petitioner established qualifying advanced degree status but failed first Dhanasar prong by not demonstrating specific endeavor has national importance. Appeal dismissed without reaching well-positioned or balance prongs.

An administrative services and facilities manager sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding the petitioner failed to meet three required evidentiary criteria. Awards were local and job-performance based; judging involved supervising subordinates, not evaluating work in the same field; no evidence of national acclaim or top-tier standing.

Service provider with advanced degree sought NIW for business in Florida. Petitioner met underlying EB-2 classification but failed first Dhanasar prong by not establishing national importance of specific proposed endeavor. Revenue projections and staffing levels insufficient to show substantial economic effects. Appeal dismissed.

A quality engineer seeks an EB-2 NIW to operate a consulting business in quality management. The AAO dismissed the appeal, finding the proposed business lacked evidence of national importance despite claimed economic benefits, job creation, and tax impact.

Entrepreneur in business and immigration investment sought EB-1A extraordinary ability classification. Claimed six criteria including published material, original contributions, and scholarly articles. AAO found published material deficient due to missing metadata and post-filing dates, original contributions lacked evidence of major field significance, and petition failed to meet three-criterion threshold for final merits analysis.

An accountant and business operations manager claims extraordinary ability and seeks EB-1A classification. She claimed three criteria but failed to establish high salary requirement because comparative data did not match her actual position. The AAO dismissed without analyzing two other claimed criteria.

Market research analyst and communication specialist sought EB-1A classification. Claimed five criteria including awards, contributions, and scholarly articles. AAO found student award lacked requisite national recognition and contributions showed only prospective rather than established significance. Could not meet three-criterion minimum. Appeal dismissed.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Administrative services and facilities manager claimed three criteria for extraordinary ability. AAO found certificates of appreciation lack national or international recognition, no judging participation, and no distinguished role. Reference letters unsupported by documentary evidence; lacks required sustained acclaim.

Logistics consulting executive seeks EB-1A extraordinary ability. Petitioner claimed three criteria: awards, original contributions, and leading roles. AAO withdrew director errors on intent and benefit findings but upheld award criterion failure: personal receipt unproven; award lacked national recognition. With only two criteria potentially met, threshold of three not reached; original contributions and leading role claims reserved.

A project management specialist sought extraordinary ability classification, claiming three criteria: awards, original contributions and leading role. After an earlier dismissed appeal, he moved to reopen with an online article about a mayoral letter. The motion was dismissed because nothing showed the letter was a nationally or internationally recognized award.

A chief executive of a vehicle parts supply company sought EB-1A classification in business, claiming eight criteria. The service center accepted only high salary. The AAO rejected awards, membership, published material and scholarly articles, did not reach the leading role criterion, and dismissed because three criteria were not met.

A business development manager sought EB-2 classification as an advanced degree professional or exceptional ability individual, plus a national interest waiver. After a combined motion to reopen and reconsider was dismissed, the appeal was dismissed too, because the motion offered no new facts or legal error. The waiver issue was reserved and not decided.

A businessman claiming extraordinary ability was denied by service center. AAO summarily dismissed the appeal for procedural defects. Subsequent motions to reopen and reconsider were denied because petitioner submitted no new documentary facts or legal errors, only duplicative arguments and prior decisions.

A businessman with business degrees and twenty years international experience sought EB-1A classification. He claimed seven criteria and met three: awards, judging, and leading role. The AAO affirmed these three but dismissed the appeal because he lacked sustained acclaim in the United States after 2021, falling short of extraordinary ability.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

Business owner in economically depressed area sought EB-2 with NIW for beauty care and candy distribution company claiming national importance through cultural enrichment and economic benefits. AAO held location in depressed area alone insufficient; proposed endeavor lacks significant employment potential or substantial positive economic effects.

A recruiter in financial analysis sought NIW as EB-2 exceptional ability individual proposing to establish a recruitment consulting business. The AAO found substantial merit but dismissed the appeal, holding that the proposed endeavor lacked demonstrated national importance without evidence of broad economic effects.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

A business administration consultant seeks EB-2 NIW for a startup consulting company. Director denied the petition. AAO affirmed, finding the proposed endeavor has substantial merit but lacks national importance; helping unidentified SMEs and employing seventeen workers does not rise to national impact required under Dhanasar.

Logistics entrepreneur claiming NIW for business management company. Advanced degree holder qualified for EB-2. Claimed supply chain improvements and job growth demonstrate national importance. AAO found proposed endeavor lacks broader implications and substantial economic impact required for national importance under Dhanasar.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

Facilities manager claiming EB-2 with national interest waiver. AAO affirmed Director's finding that proposed endeavor lacks national importance; work limited to immediate employers and clients with no broader field or economic impact. Appeal dismissed.

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

Chief executive and entrepreneur with advanced degree sought EB-2 national interest waiver. Qualified for underlying advanced degree classification. AAO held proposed endeavor lacked national importance under first Dhanasar prong: petitioner failed to demonstrate substantial U.S. economic impact, job creation, or broader field implications beyond personal work with selected companies and clients.