Published AAO appeal decisions

Researcher in cybersecurity sought NIW under EB-2. AAO found his proposed AI-based research had national importance but dismissed because he lacked sufficient record of success and feasible plan demonstrating he could advance it as described in academic or industrial environment.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

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.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

A financial accountant claimed extraordinary ability under EB-1A through multiple criteria. The AAO found only one criterion satisfied (scholarly articles), falling short of the required three. Published material lacked major media publication, leading role lacked organizational distinction, and salary comparison data was inapplicable. Appeal dismissed.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

Brazilian jiu-jitsu athlete and instructor with 40 years in the field claims extraordinary ability. Met two evidentiary criteria but failed to establish three required criteria: awards lack national recognition, leading role lacks distinguished organization evidence, and salary evidence insufficient. Appeal dismissed.

A security consultant sought EB-2 national interest waiver to establish a security services business. The AAO affirmed denial, finding the proposed business lacked national importance despite the field's merit, as its impact would not extend beyond specific clients to affect the security sector broadly.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

Financial technologist and CEO of self-owned fintech firm from Dominican Republic seeking EB-1A classification. Claimed five criteria; the AAO found membership and high salary unmet and deemed published material and scholarly articles waived. Without three criteria met, the AAO dismissed the appeal without reaching overall extraordinary ability.

Nondestructive testing and chemical engineer with 25 years experience sought NIW for proposed NDT consulting endeavor. AAO found substantial merit but rejected national importance prong, concluding the individual company's services lacked broader implications for the field, region, or nation. Appeal dismissed.

A postdoctoral researcher sought extraordinary ability classification for work on emotional regulation and neural processing. The AAO dismissed the appeal, finding the petitioner satisfied only one of three claimed criteria and failed to establish either original contributions of major significance or qualifying judging experience.

Executive in sustainable energy technology with prior O-1 status claims extraordinary ability under EB-1A. AAO found petitioner met high salary and leading role criteria but rejected the petition because evidence of publications, awards, and other accomplishments did not establish sustained national or international acclaim at the very top of the field over her career.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

International trade specialist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria and service center found two met. On appeal, petitioner contended three additional criteria were satisfied. AAO affirmed service center's findings, concluding petitioner met only two criteria (judging and scholarly articles), below the three-criterion threshold, and dismissed the appeal without reaching final merits.

A data scientist with a master's degree in software engineering claimed six evidentiary criteria for extraordinary ability. The AAO affirmed the service center's finding that she met only two criteria, judging and scholarly articles. She failed to establish that IEEE senior membership requires outstanding achievements or that her original contributions were of major significance. Without three satisfied criteria, the petition was dismissed without final merits review.

Finance manager filed combined motions to reopen and reconsider a dismissed NIW appeal. AAO found motion to reconsider untimely under regulations; motion to reopen also untimely, and even if excused, contained no evidence of national importance of proposed work, the dispositive issue in prior dismissal. Both motions dismissed.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

A professional pole dancer sought EB-1A extraordinary ability classification. She claimed four criteria: awards, published material, judging, and exhibitions. The AAO found she failed to meet at least three criteria, specifically rejecting awards and published material as lacking probative evidence, and did not reach final merits analysis.

Fintech entrepreneur seeks EB-2 with NIW claiming exceptional ability. AAO found petitioner met only one of six regulatory criteria despite service center's unsupported claim of three criteria. Final merits review confirmed lack of expertise significantly above ordinary level in finance. NIW not addressed.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

An animation director seeking EB-1A extraordinary ability failed to meet three required evidentiary criteria. Membership in claimed organizations lacked judgment by recognized experts, and leading/critical role in project-based work did not qualify, dismissing the appeal.

A self-petitioner sought a national interest waiver of the job offer requirement. The service center found he qualified for the underlying classification but denied the waiver. On appeal, the AAO dismissed because the signatures on the appeal form and the representation form appeared electronically copied and not valid original handwritten signatures. The merits were not reached.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

A research teaching specialist in cell biology claimed four EB-1A criteria: original contributions, judging, scholarly articles, and leading role. The AAO affirmed that original contributions and leading role were not met. With only two criteria established, the threshold of three was not satisfied. Final merits determination was not reached.