Published AAO appeal decisions

A corporate executive sought EB-1A classification claiming seven criteria but abandoned most on appeal. The AAO dismissed, finding only one criterion met and insufficient evidence of high salary or additional achievements, concluding the executive failed to demonstrate the sustained acclaim required for extraordinary ability.

Chief executive officer and entrepreneur filed second motion to reopen EB-1A extraordinary ability petition. AAO dismissed motions because applicant neither provided documentary evidence of new facts nor demonstrated legal error in prior decision; applicant merely reargued issues already decided.

Chief architect of digital transformations met three initial evidentiary criteria and demonstrated acclaim and recognition in his field. However, AAO found he was very good but not among the small percentage at the very top, dismissing the appeal.

Associate director in international supply chain operations seeking EB-2 national interest waiver. Service center found advanced degree qualification but denied waiver. AAO affirmed, holding that supply chain management work, despite general field importance, does not demonstrate specific national importance under Dhanasar first prong.

A debt recovery and fraud prevention specialist claimed five EB-1A criteria but satisfied only one on appeal. The AAO affirmed denials of membership and published material criteria and withdrew the high-salary finding. With insufficient criteria met, final merits analysis was not reached.

Professional with advanced degree in geodetic engineering sought EB-2 NIW for co-living management system for senior citizens. Proposed endeavor has substantial merit addressing housing and aging issues, but petitioner failed to demonstrate national importance; impact limited to end users without evidence of broader field transformation or economic benefits.

An electric vehicle automotive business strategist with eighteen years' experience in Venezuela and Colombia self-petitioned for EB-1A extraordinary ability. Petitioner met four evidentiary criteria but AAO upheld denial, finding insufficient evidence of sustained national or international acclaim or placement among small percentage at field's very top.

Entrepreneur and investor seeking extraordinary ability in business. Claimed judging, leading critical role, and original contributions. AAO affirmed judging was met but found leading role unsupported and reserved original contributions. Petitioner failed to meet required three-criterion threshold, so appeal dismissed.

A meat industry executive and business owner sought EB-2 exceptional ability classification with national interest waiver. The AAO found he did not meet the underlying EB-2 requirement and did not analyze the NIW prong, reserving it as unnecessary after finding him ineligible for the base classification.

A CEO and founder of a U.S. corporation sought EB-1A classification based on extraordinary ability in business. Although meeting published material criterion, the AAO affirmed SCOPS finding that evidence lacked the sustained national or international acclaim and recognition required to place petitioner among the small percentage at the very top of the field.

A CFO and entrepreneur in real estate development with an advanced degree sought a national interest waiver. The AAO dismissed the appeal, holding the proposed endeavor of developing residential and commercial properties has substantial merit but lacks national importance; it benefits the applicant's clientele without demonstrating broader economic or field impact.

Human resources specialist seeks EB-2 NIW claiming innovative HR methodologies would benefit U.S. business landscape and job creation. AAO affirmed denial because while endeavor has substantial merit, petitioner failed to demonstrate national importance through specific prospective impact or connection to broader national implications.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

A management scientist sought EB-2 classification with a national interest waiver for research-based endeavors in inclusive leadership and workforce adaptability. The AAO dismissed because the petitioner failed to demonstrate substantial merit and national importance of the specific proposed endeavor under Dhanasar's first prong.

An entrepreneur with advanced degree claims NIW for supply chain logistics consultancy. AAO reversed service center's EB-2 denial on advanced degree grounds but affirmed NIW denial, finding specific endeavor lacks national importance; work for prospective clients lacks regional or national impact.

A consultant sought an NIW to operate a consultancy company for small and medium-sized enterprises. Although the AAO found substantial merit and the petitioner well positioned, the endeavor lacked national importance; consulting services for regional businesses did not demonstrate prospective impact of national significance.

An industrial engineer sought NIW for proposed consulting work. The AAO dismissed because the petitioner failed to demonstrate national importance, showing only general field importance and speculative potential benefits rather than specific prospective impact of her proposed endeavor.

Entrepreneur seeking EB-2 NIW for business exporting supply chain products. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate specific prospective impact beyond her company and customers; reliance on sector importance and general statistics insufficient without corroborating evidence of substantial economic effects.

Project management specialist with advanced degree sought NIW for a consulting initiative providing training and mentorship to rural entrepreneurs in Florida. AAO dismissed, finding the proposed endeavor, while having substantial merit, lacks the national importance required by the first prong of the Dhanasar framework; general economic benefits and job creation potential are insufficient.

General manager seeking EB-2 NIW for business consulting services claimed company importance to U.S. business ecosystem. AAO dismissed, finding no sufficient evidence that proposed endeavor would impact business consulting field broadly or generate substantial positive economic effects at national level.

HR professional and entrepreneur sought EB-2 NIW based on proposed AI platform connecting businesses with artisans and sustainable fashion work. AAO found endeavor lacked sufficient national importance; broad statements about economic benefits and job creation were unsubstantiated by corroborating evidence of prospective impact.

Business consultant and CEO from Russia sought EB-1A extraordinary ability classification. The petitioner met two criteria: lesser awards and judging. The AAO rejected original contributions as merely disseminating others' work and found articles non-scholarly. Because the petitioner met only two of ten required evidentiary criteria, the AAO dismissed the appeal without reaching final merits.

A management and operations specialist with engineering background sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three of the ten required evidentiary criteria, and withdrew SCOPS findings on judging and high salary as unsupported.

HR consultant sought EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit of proposed US HR consulting endeavor but failed to establish national importance, concluding prospective impact limited to particular business rather than field or broader economy. Appeal dismissed without addressing positioning or balance arguments.

A marketing director for a luxury resort wear company sought extraordinary ability classification through employer petition. Claimant submitted five criteria but failed three regarding awards, publications, and critical role. AAO declined final merits review after finding insufficient initial evidence threshold satisfaction.