Published AAO appeal decisions

A business executive in the energy industry sought extraordinary ability classification, claiming to rank among top corporate executives worldwide. The Director found only the leading or critical role criterion met. The AAO dismissed the appeal because membership and published material were not established and the record lacked sustained acclaim at the top of the field.

Development director self-petitioned for EB-1A visa. Applicant met three evidentiary criteria but appeal dismissed on final merits. Motions to reopen and reconsider dismissed because petitioner submitted no new facts or evidence and failed to show AAO misapplied law or policy.

An administrative services specialist sought EB-2 classification with a national interest waiver but failed to qualify as advanced degree holder or person of exceptional ability. The AAO found her proposed work as executive assistant lacked national importance under Dhanasar's first prong, showing no substantial economic benefits, dismissing the appeal.

Beauty products company petitioned for executive with extraordinary ability in business. Although the beneficiary met published material and leading role criteria, she failed to establish three total criteria and lacked sustained national or international acclaim required for EB-1A.

Administrative services manager claimed extraordinary ability under EB-1A. AAO dismissed motions to reopen and reconsider because petitioner failed to provide new evidence timely, did not demonstrate erroneous application of law, and did not establish any of the eight evidentiary criteria.

A consultant claimed extraordinary ability based on original contributions, leading role, and high salary. The AAO found only the leading role criterion met, fell short of the three-criterion minimum, and dismissed the appeal without reaching final merits analysis.

General and operations manager sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability regulatory criteria; NIW arguments not reached as dispositive basis for denial was established.

An operations representative claiming international expertise in security, risk analysis, and related fields sought national interest waiver for EB-2. The AAO dismissed because he did not qualify as an advanced degree professional or individual of exceptional ability; he did not meet three of six regulatory criteria for exceptional ability.

Emergency management specialist sought EB-2 exceptional ability classification and national interest waiver. Petitioner claimed four criteria but failed to meet three required. AAO found proposed work lacked national importance under Dhanasar, dismissing appeal without analyzing remaining NIW prongs.

Business development specialist self-petitioner claimed four criteria and extraordinary ability. AAO upheld finding of three criteria met but determined overall evidence did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

A vice president and chief content officer at a media company sought EB-1A classification. She met three criteria: judging, leading role, and high salary. However, the AAO found the totality of evidence insufficient to establish sustained national or international acclaim required for extraordinary ability.

Project commercial manager in rail transportation claims extraordinary ability. AAO found judging evidence lacks specificity and documentation. Final merits analysis shows work on high-profile projects insufficient to establish sustained national or international acclaim at field's top.

A CEO and business training center founder claimed seven criteria for extraordinary ability, satisfying three initially. The AAO found insufficient evidence of sustained national or international acclaim, with media coverage local rather than national, dismissing the appeal.

Systems engineer and project manager with advanced degree sought national interest waiver for EB-2 by claiming endeavor to close diversity gaps in STEM through educational programs. AAO found proposed work lacked sufficient prospective impact beyond specific students to meet national importance standard and thus failed first Dhanasar prong.

SAP planning specialist employed by biopharmaceutical manufacturer claimed four additional criteria beyond two initially found met. AAO rejected awards, membership, and high salary findings; rejected final merits step finding insufficient sustained acclaim or position at top of field.

A company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

A security advisor seeks NIW for EB-2 claiming a security management and counterterrorism role of national importance. The AAO dismissed the appeal, finding the petitioner did not sufficiently demonstrate that the specific proposed endeavor has national importance beyond general field significance; evidence of prospective impact was insufficient.

An employer petitioned for O-1A classification for a chief executive officer in culinary development. AAO affirmed revocation of initial approval, finding beneficiary failed to meet extraordinary ability criteria. Award lacked documentation of national or international recognition; business contributions did not demonstrate major significance.

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.