Published AAO appeal decisions

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.

A business manager filed for EB-2 exceptional ability with national interest waiver. She satisfied three evidentiary criteria initially but failed final merits determination, lacking expertise significantly above ordinary in the field. AAO found no exceptional ability and thus ineligible for EB-2 or NIW, dismissing appeal.

Business executive with advanced degree sought NIW for technology-focused business endeavor. AAO affirmed dismissal, finding proposed endeavor lacks national importance because business plan was vague on location and operations, lacked substantiated financial projections, and provided only generalized industry information rather than specific endeavor impact.

A management analyst appealed his EB-1A denial. He met only one criterion: judging. The AAO found he did not establish membership in qualifying associations, high comparative salary, or a leading role in distinguished organizations. Because he failed to meet the required three criteria at the initial evidence stage, the petition was dismissed without reaching the final merits analysis.

Occupational health and safety consultant sought EB-2 with national interest waiver. AAO found proposed endeavor lacked demonstrated national importance; evidence showed only general industry significance and vague vision statements without concrete training programs or detailed implementation. Petitioner not well positioned to advance endeavor. Appeal dismissed.

An accounting and tax consultant filed a second motion to reopen and reconsider her denied EB-1A petition. The AAO dismissed the motion to reopen for failing to state new facts with documentary evidence and dismissed the motion to reconsider because the petitioner met only one of the required alternative criteria and was not entitled to a final merits determination.

A business executive sought O-1A classification through a technology company petitioner. On appeal the petitioner claimed three of eight criteria: published material, original contributions and critical capacity. The AAO dismissed the appeal because none was established, so the initial evidentiary requirement failed and the final merits were reserved.

An event planner and entrepreneur sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The service center denied for failing the EB-2 threshold. The AAO dismissed the appeal because the petitioner did not specifically challenge the exceptional ability findings, so the Dhanasar prongs were never evaluated.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

An employer petitioned on behalf of a top executive for extraordinary ability classification. The AAO withdrew the service center's previous findings on two criteria: membership and high salary. With fewer than three criteria met, the threshold initial evidence requirement failed. The AAO declined to reach final merits. Appeal dismissed.

A business executive claimed extraordinary ability through seven regulatory criteria, including awards and scholarly articles. The AAO found he did not receive a major internationally recognized award and met fewer than three alternate criteria. The appeal was dismissed because initial evidentiary requirements were not satisfied.

University-sponsored global engagement coordinator claiming extraordinary ability. Petitioner established two of eight alternate criteria: judging and scholarly articles. Failed to demonstrate three required criteria under published material and original contributions standards. Decision not reached on final merits assessment.

General manager and founder working in advanced materials research and development. Claimed seven criteria; met four initial evidentiary requirements. AAO affirmed denial because totality of evidence did not establish career of acclaimed work or small percentage at very top of field despite meeting minimum threshold.

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

Investment fund director with eleven years in private equity and banking claimed five criteria plus comparable evidence. AAO found published material and comparable evidence (display) criteria met, satisfying the three-criterion threshold. However, on final merits, petitioner failed to demonstrate sustained acclaim or position among the small percentage at the very top of his field, so appeal was dismissed.

A management analyst with advanced degree claims NIW for small business closure reduction consultancy in underserved areas. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance; evidence on field importance does not demonstrate specific endeavor's broader implications.

Chief executive seeks extraordinary ability classification. Claimed judging, awards, and leading role criteria. AAO found awards not for field excellence, judging lacked corroboration, and critical role unestablished. Fewer than three criteria met; appeal dismissed.

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.