Published AAO appeal decisions

An advanced degree professional proposed an endeavor spanning project management, law, and economics including trade policy, corporate law, and women's economic empowerment. The AAO found her endeavor insufficiently defined and failed to establish that individual employment would impact the nation broadly or employment levels, despite labor shortages.

A tourism and hospitality manager sought EB-2 exceptional ability classification and national interest waiver. The AAO found his educational credentials insufficient for advanced degree professional status and he met only one exceptional ability criterion. The appeal was dismissed without reaching the Dhanasar framework.

An information scientist seeks EB-2 NIW to establish a consulting company creating training materials for clients. AAO dismissed because the proposed endeavor lacks national importance and the petitioner is not well-positioned to advance it; consulting with freelance contractors does not establish employment of U.S. workers or substantial national economic benefit.

Entrepreneur in bakery industry seeking NIW for EB-2 claimed exceptional ability and proposed endeavor has national importance. AAO held petitioner failed to meet any of six exceptional ability criteria, so NIW prongs were not reached and decision reserved.

Supply chain specialist sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor lacked national importance. While supply chain optimization has value, petitioner failed to show impact beyond employer or broader field implications commensurate with national importance.

A physical therapist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed physical therapy clinic lacked national importance because it would not extend beyond company clientele, despite field shortage, lacking broader implications on public health or economy.

Commercial pilot sought EB-2 NIW; materially changed proposed endeavor from pilot employment to drone technology business in response to RFE. AAO rejected drone business change as material alteration and affirmed first-prong denial: pilot employment lacks national importance despite aviation industry shortage; individual employment cannot extend beyond employer level.

Entrepreneur seeking EB-1A extraordinary ability classification for ventures in car rental, used cars, travel, and e-commerce. Claimed four criteria but Director found none met. AAO affirmed, finding insufficient evidence of sustained acclaim or critical organizational roles and no documentation of high remuneration.

Software engineer and IT specialist sought EB-2 NIW to develop novel custom software and assist U.S. companies in digital transformation. AAO held the specific endeavor lacks national importance; importance of information technology and unsupported assertions of fundamental contributions insufficient without evidence of broader prospective impact.

Engineer with sales and management experience seeking NIW for consulting company focused on electrical engineering and US-South American business facilitation. Meets EB-2 advanced degree requirement but fails to establish national importance of proposed endeavor; economic impact not sufficiently demonstrated. Appeal dismissed.

A singer sought EB-1A extraordinary ability classification. She met three initial evidentiary criteria but failed to demonstrate sustained national or international acclaim or placement among the very top of her field. The AAO dismissed the appeal, finding her achievements insufficient for the high standard required.

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

Fashion model with O-1 nonimmigrant status sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding she satisfied only one of ten initial evidentiary criteria; comparable evidence argument without demonstrating inapplicability of specific criteria was rejected; insufficient proof of sustained acclaim.

Exercise physiologist entrepreneur sought NIW for fitness company offering classes to general and special-needs populations. AAO affirmed denial, finding benefits lacked national importance; impacts limited to direct service users and employees without broader field implications.

Cosmetics industry entrepreneur sought EB-2 exceptional ability classification with NIW. AAO dismissed appeal after finding petitioner met only one of six required criteria. Without meeting three criteria for exceptional ability, petitioner could not establish NIW eligibility; Dhanasar prongs not analyzed.

An entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO dismissed the appeal after the petitioner abandoned arguments challenging the Director's finding that he did not qualify for underlying EB-2 classification, making NIW analysis unnecessary.

Entrepreneur sought NIW classification as individual of exceptional ability. AAO affirmed denial; petitioner met only one of six exceptional ability criteria, failing to satisfy initial evidentiary threshold. NIW analysis reserved as unnecessary.

Marketing manager seeking EB-2 NIW for startup marketing consultancy. AAO affirmed director's finding that endeavor lacked national importance; breadth of implications limited to petitioner's company and clients without broader regional or field-wide impact.

A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.

Self-petitioner, organizational development specialist proposing supply chain management and logistics consulting, sought EB-2 with NIW. AAO affirmed denial on national importance; petitioner's experience and expert letter on occupation importance insufficient; specific business endeavor lacks broader implications.

Data analytics specialist with advanced degree sought EB-2 with national interest waiver. The AAO found her proposed work lacked national importance because evidence did not show impact beyond her future employer and clients on the IT industry, data analytics field, or broader economy at national level.

Special education teacher sought EB-2 national interest waiver for proposed teaching work. AAO dismissed appeal because petitioner failed to establish national importance of her specific proposed endeavor; shortage in special education field and generic work did not demonstrate broader implications or substantial positive economic effects required.

A business professional in enterprise resource planning software sought EB-1A extraordinary ability classification. He claimed judging, original contributions, high salary, and commercial success criteria. The AAO found his mentoring did not constitute judging, his patented chatbot lacked field-wide significance compared to major competitors like Siri and Alexa, and he satisfied only one criterion, failing the threshold.

Marketing and communication vice president seeks NIW for EB-2. Claimed proposed endeavor promotes economic growth and onshoring in textile industry. AAO held the work lacks national importance; promoting existing technologies to current and prospective customers does not impact industry or field more broadly.

A dentist sought EB-2 classification with national interest waiver. The AAO affirmed denial because although she qualified as an advanced degree professional, her proposed dental practice lacked national importance; work within a single practice or clinic did not impact the dental field broadly.