Published AAO appeal decisions

A water polo coach sought EB-2 NIW to establish a water polo club in Georgia. The AAO found the endeavor had substantial merit but lacked national importance because projected employment of one coach and modest revenue did not demonstrate significant economic impact or broader field implications.

An MMA lightweight fighter sought EB-1A classification claiming a major international award and multiple alternate criteria. The AAO found the petitioner met published material and high salary criteria but lacked the major international award and failed to establish sustained national or international acclaim required for extraordinary ability.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A soccer director seeking EB-2 with NIW to establish a youth and community development organization. Claimed her endeavor had substantial merit and national importance. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance; its positive economic effects were not commensurate with national-level significance.

A Taekwon-Do athlete from Kyrgyzstan seeks EB-1A extraordinary ability classification. The AAO dismissed because the petitioner did not establish a major award or meet three evidentiary criteria; the judging and published material criteria were not satisfied, and the overall record lacks evidence of sustained national or international acclaim.

An entrepreneur and swim instructor sought EB-2 national interest waiver claiming exceptional ability. The AAO found the petitioner met only one of six required exceptional ability criteria. Without establishing EB-2 eligibility, the AAO dismissed the appeal and reserved the Dhanasar prongs without discussion.

A tennis training center petitioned for a tennis coach under O-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner did not provide a valid contract or summary of an oral agreement, since the submitted agreement was undated and unsigned by the beneficiary. The remaining grounds of denial were not reached.

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

Gymnastics trampoline and tumbling coach sought EB-1A extraordinary ability classification. Claimed three criteria: membership in associations, leading or critical role, and comparable evidence of awards. AAO found one criterion met but insufficient to reach three-criterion threshold, thus dismissed the appeal without addressing final merits.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

A judoka petitioner sought EB-1A extraordinary ability classification. The petitioner claimed three criteria: awards, membership, and published materials. The AAO affirmed the Service Center's denial, finding the petitioner failed to meet any three criteria; awards and membership lacked documented national significance and recognition standards.

Fitness trainer and yoga instructor sought EB-1A extraordinary ability classification. Claimed six criteria: membership, published materials, judging, original contributions, scholarly articles, and high salary. AAO found membership criterion unmet due to insufficient evidence of outstanding achievement requirements; published materials not in major outlets; and scholarly article written for general public, not learned audience. Overall record lacks sustained acclaim required.

A jiu-jitsu athlete self-petitioned for EB-1A extraordinary ability status, claiming five evidentiary criteria. The AAO found awards established one criterion but rejected membership and judging as not meeting regulatory requirements. The decision concluded the petitioner lacked the sustained acclaim and top-tier recognition required for the classification.

Brazilian jiu-jitsu athlete and coach seeks extraordinary ability classification. Petitioner established two of ten criteria but failed to meet three-criterion threshold. Original contributions and leading critical role claims rejected as unsupported by evidence of significant field impact. AAO found petitioner lacked sustained acclaim required for top-tier status.

Physical fitness instructor sought EB-2 with NIW. AAO affirmed denial, finding evidence did not show proposed endeavor had national importance beyond the employer. Generic articles on fitness importance and expert opinions regarding position advancement did not establish national-level impact.

Brazilian Jiu-Jitsu coach with 40+ years experience seeking EB-1A extraordinary ability classification. Met only two of ten required criteria: judging and leading role. Failed to demonstrate major international award or sufficient acclaim to establish extraordinary ability standard.

A retired professional soccer player seeks EB-1A classification. He satisfied four initial evidentiary criteria. However, the AAO affirmed the director's final merits finding that his career lacked sustained national or international acclaim, with media coverage concentrated in 2011-2015 rather than throughout his career.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

A pilot seeks an NIW for EB-2 classification proposing to become a flight instructor. He argued a national pilot shortage demonstrates national importance. The AAO held that a nationwide shortage in the profession does not establish that his specific proposed endeavor has national importance or would broadly impact the field.

A mountain climber and scout self-petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he met only one of the ten evidentiary criteria (published materials) but not the required three minimum. Overall record did not demonstrate sustained national or international acclaim or elite recognition.

Brazilian jiu-jitsu athlete and coach seeks EB-1A. Claims include competition awards and association membership. AAO found competition medals lack national or international recognition and insufficient media coverage; membership claim not adequately established; does not meet three-criterion threshold or demonstrate extraordinary ability.

Hockey referee seeking EB-1A extraordinary ability classification. Met one criterion (leading critical role) but failed to satisfy minimum three-criteria threshold. Lacked major awards, qualifying association membership, judging role, or demonstrated original contributions of significance. Appeal dismissed.

Synchronized swimming athlete and coach met initial evidentiary criteria but failed to demonstrate sustained national or international acclaim; seven to eight year gap after relocating to US showed failure to maintain commensurate level of achievement required for extraordinary ability.

Soccer coach and entrepreneur sought EB-2 classification as individual of exceptional ability and national interest waiver under Dhanasar. AAO found substantial merit but dismissed appeal because proposed endeavor lacked national importance; it would not impact athletics field broadly or provide sufficient economic benefits to rise to national importance level.