Published AAO appeal decisions

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

A musician sought EB-1A classification claiming three of ten evidentiary criteria. The AAO found he met judging and exhibitions criteria but rejected published materials and scholarly articles claims. The decision concluded the petitioner lacked the sustained national or international acclaim required for extraordinary ability.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Aquatic coach and instructor claiming EB-1A extraordinary ability in athletics. AAO affirmed denial, finding applicant failed to satisfy three required alternate criteria and lacks sustained national or international acclaim demonstrating extraordinary ability among the very top of field.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Stage construction and engineering professional sought EB-1A extraordinary ability for art, theatre, and film work. AAO held three criteria satisfied (published material, judging, leading roles) but record failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Certified accountant seeks EB-2 with national interest waiver to establish accounting consulting services firm in Florida. AAO dismissed appeal because proposed endeavor, though demonstrating substantial merit and business success potential, fails to show national importance; impact limited to clients without broader industry significance.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Self-petitioner business manager seeks EB-2 NIW to transform struggling companies through management consulting. AAO held proposed endeavor lacks national importance; petitioner's skills relate to second prong, but specific endeavor shows no prospective impact beyond clients or substantial regional or national economic effects.

A periodontist sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and high salary. However, the AAO found her research lacked sustained acclaim over time, media coverage was dated, and honors were insufficient to demonstrate she belonged among the very top in her field.

Aircraft mechanic and technician self-petitioner sought EB-2 with national interest waiver. Claimed his specific aircraft interior technician work in Florida had national importance due to aviation industry significance. AAO dismissed, finding petitioner conflated general industry importance with specific endeavor national importance and failed to demonstrate prospective impact of his individual work.

Veterinarian sought NIW for EB-2 classification to perform animal sterilization and awareness education. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks the national importance required under Dhanasar's first prong, as impact too localized to extend beyond immediate clients.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Physical fitness specialist and entrepreneur sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; benefits limited to client base without broader impact on physical fitness field or obesity prevention at national level.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

A cancer researcher sought extraordinary ability classification. The AAO dismissed the appeal, affirming that he met only two criteria and failed to demonstrate original contributions of major significance or overall sustained acclaim warranting EB-1A.

A nurse sought EB-2 classification as an individual of exceptional ability and an NIW. The applicant claimed four exceptional ability criteria. The AAO found the applicant did not meet three criteria minimum and lacked expertise significantly above ordinary field level. NIW eligibility was not addressed because the underlying EB-2 classification failed.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

Fitness trainer and amateur bodybuilder sought EB-1A extraordinary ability classification. AAO affirmed director's finding that petitioner met no evidentiary criteria and lacked sustained national or international acclaim required for top percentile designation.

A security manager and fitness trainer claiming EB-1A extraordinary ability satisfied only one criterion (judging); failed to establish three or more required. AAO dismissed, finding insufficient evidence of national or international acclaim.