Published AAO appeal decisions

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

An economics instructor and former professor sought extraordinary ability classification, claiming scholarly articles, judging, original contributions and a leading or critical role. The AAO agreed two criteria were met but found the other two unmet because contributions lacked major significance and the organization's distinguished reputation was unproven, so the appeal was dismissed.

A mathematics lecturer proposed numerical methods research projects. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of his specific proposed research endeavors under Dhanasar's first prong, despite strong citation record.

An athlete management business sought to extend O-2 status for two support workers accompanying a professional athlete holding O-1 status, working as content creators and media strategists. The AAO dismissed the appeal because the record did not show substantial experience with critical skills integral to the athlete's performance, and credibility concerns arose.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

Amateur athlete and coach claiming extraordinary ability in athletics. Petitioner met three initial criteria but failed final merits step: lacked sustained acclaim, no competition or awards post-2017, limited media coverage, and coaching work did not demonstrate top-level achievement required for EB-1A.

Sound design and editing specialist claimed extraordinary ability under EB-1A, asserting eligibility for seven criteria. AAO found petitioner met none of the required ten criteria and dismissed the appeal, finding awards lacked national recognition and MPSE membership did not satisfy requirements.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.

Physical therapist sought EB-2 with national interest waiver. Did not qualify for underlying EB-2 classification: educational credentials did not meet professional requirements. National interest waiver analysis moot; petitioner made material changes to proposed endeavor in response to request for evidence.

A business management company petitioned for O-1A classification for a writer, creator, and executive producer in motion picture or television. The Director denied based on deficient event descriptions. On appeal, the AAO dismissed the petition as moot because the beneficiary had already adjusted to permanent resident status in September 2021 after filing the appeal.

Art curator and architect sought EB-1A classification. AAO dismissed appeal, finding petitioner met only two of six claimed criteria. Petitioner failed to establish three criteria minimum and abandoned architecture for art curation and fashion accessories, showing insufficient intent to continue in claimed field of extraordinary ability.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.

Musical director claiming extraordinary ability under EB-1A. Petitioner claimed six criteria and a major international award. AAO found the award not established as major or internationally recognized, abandoned on appeal. None of the six claimed evidentiary criteria were satisfied. Appeal dismissed.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.

An individual claiming advanced degree status as a physician sought an EB-2 national interest waiver. The AAO found insufficient evidence of medical licensure in the United States and noted material inconsistencies in the proposed endeavor, changing from physician to epidemiologist between filing and responses, preventing clear Dhanasar analysis.