Published AAO appeal decisions

Animal science researcher sponsored by agent for O-1A classification. Agent failed to meet regulatory requirements: did not establish actual employment, did not provide employment contract with specified wages and terms, and did not demonstrate qualifying agent status. Decision dismissed without reaching extraordinary ability criteria.

International youth hockey program sought O-1A visa for head coach. Beneficiary met only one of eight evidentiary criteria (high salary). AAO dismissed appeal finding petitioner failed to demonstrate three required criteria and thus could not reach totality evaluation of extraordinary ability in athletics.

Veterinary assistant seeking NIW for self-employment opening veterinary clinic. Director found first Dhanasar prong met but AAO reversed, finding clinic lacks national importance and petitioner not well-positioned with insufficient planning, unclear location, and no progress documentation.

Physical therapist and entrepreneur sought NIW for EB-2 advanced degree classification to operate home health care company. Petitioner proposed employment in economically depressed areas. AAO dismissed because specific endeavor failed national importance requirement; field importance alone insufficient without demonstrated prospective economic impact or field advancement.

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Pipeline engineer seeks NIW for EB-2 advanced degree classification in oil and gas industry. Fails first Dhanasar prong: undefined endeavor as independent consultant or unspecified employee lacks specific national importance; importance of occupation and industry cannot substitute for documented specific endeavor impact.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

Logistician sought exceptional ability classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; role maintaining current employment and serving employer clients insufficient, lacking national or global implications or significant broader field impact.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

A financial analyst sought EB-2 classification with national interest waiver. The AAO found she did not qualify as an advanced degree professional or individual of exceptional ability, lacking required work experience and failing to meet three evidentiary criteria. The appeal was dismissed without reaching the Dhanasar framework's second and third prongs.

Commercial pilot with advanced degree sought EB-2 with national interest waiver. The AAO found his proposed endeavor—employment as pilot and instructor—lacked national importance because he did not identify specific impact on aviation field beyond customers and employers. General pilot shortages do not establish national interest.

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR field.

Self-petitioner, researcher with advanced degree seeking EB-2 NIW. First prong met: substantial merit and national importance established. Second prong failed: despite academic accomplishments and research participation, petitioner did not demonstrate sufficient role significance or progress toward goals to be well-positioned to advance endeavor.

International trade entrepreneur applied for EB-2 as person with exceptional ability seeking NIW. Director found substantial merit and that applicant well-positioned but denied national importance; AAO affirmed. Projected revenues and employment insufficient to demonstrate specific endeavor's national economic implications.

A civil engineer proposing a clean energy consulting company seeking EB-2 with national interest waiver. The AAO affirmed the director's finding that the proposed endeavor lacks national importance. Business plan lacked sufficient detail on worker employment and economic impact. Appeal dismissed on first Dhanasar prong; second and third prongs reserved.

Dentist seeking NIW for EB-2 claimed her dental practice and advisory services have national importance. AAO held she provided inconsistent descriptions of her endeavor and failed to establish prospective impact at national level required for first Dhanasar prong.

A civil engineer sought EB-2 advanced degree classification with national interest waiver to run his own engineering services company in Florida. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not impact the civil engineering field broadly and petitioner was not well-positioned to advance it.

Civil engineer sought EB-2 NIW. AAO dismissed after finding petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. Description too vague lacking economic impact specifics.

Professional surfer claims extraordinary ability in competitive surfing. Petitioner established two initial criteria but not the required three minimum. Awards criterion failed; team bronze medal did not constitute individual award. Membership criterion failed; no evidence organizations required outstanding achievements by recognized experts. AAO found insufficient evidence of sustained national or international acclaim to meet extraordinary ability standard.

A business and finance administrator sought EB-2 advanced degree classification with national interest waiver. The AAO dismissed the appeal, finding the petitioner's proposed endeavor lacked sufficient specificity and national importance; consulting services were too general to demonstrate broader field impact.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

Business administrator sought NIW for EB-2 classification to establish management consulting and training company. Director found substantial merit but not national importance. AAO affirmed dismissal, finding petitioner failed to demonstrate her specific endeavor would produce substantial prospective impact or national importance despite overall field significance.

Logistics manager with claimed advanced degree seeks national interest waiver for own business in supply chain management. AAO dismissed because petitioner failed to establish underlying EB-2 classification and also did not demonstrate his proposed endeavor has national importance beyond his clients.

An IT specialist and entrepreneur sought an EB-2 national interest waiver for custom ERP software development. The AAO dismissed, finding the business plan lacks sufficient evidence that custom software development would have national importance or substantially advance the IT field or U.S. competitiveness.

Computer systems consultant and entrepreneur sought NIW for EB-2. He proposed consulting services with claimed job creation and revenue projections. AAO held the specific endeavor remained vague and lacked prospective national impact; projected revenue and job creation insufficient to establish national importance.