Published AAO appeal decisions

A self-enrichment teacher and dance academy owner seeks EB-2 national interest waiver as individual of exceptional ability. AAO found petitioner met only one of six exceptional ability criteria: advanced degree. Petitioner failed to establish ten years full-time employment, professional certifications, professional associations, or expert recognition. Appeal dismissed because petitioner lacks underlying exceptional ability eligibility.

A ballroom dance academy petitioned to classify a ballroom dance teacher as O-1A extraordinary ability. The petition was originally approved but revoked due to procedural error: the beneficiary changed employers without filing a new petition, merely amending the prior one. The AAO upheld revocation because regulations require a new petition, not an amendment, for employer changes.

A cybersecurity specialist seeking EB-2 with NIW to develop an AI framework for real-time threat detection aligned with national security priorities. Claimed the endeavor combats cyberattacks and fosters US competitiveness. AAO dismissed, finding insufficient evidence of broader industry or economic impact beyond his company and its clients.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

Biomedical scientist claimed extraordinary ability based on poster award, original contributions, and scholarly articles. AAO found only the scholarly articles criterion satisfied one of ten criteria. Award lacked specific evidence of recognition; contributions and overall record insufficient for sustained national or international acclaim required for top-tier classification.

An entrepreneur sought NIW classification for an eco-friendly furniture manufacturing business using sustainable techniques and white-label services. The AAO found the endeavor had substantial merit but lacked national importance, finding insufficient evidence of projected job creation, economically depressed area location, or substantial positive economic effects.

Entrepreneur seeking EB-2 NIW to create startup offering free AI-based higher education classes. AAO held appeal dismissed because petitioner failed to establish EB-2 eligibility; unverified master's degree and unclear profession prevented establishing advanced degree requirement; NIW analysis not reached.

Entrepreneur business consultant seeks EB-2 NIW. Failed to meet three required regulatory criteria for exceptional ability, including licensure, certification, and professional association membership. AAO found insufficient expertise level and did not reach NIW framework prongs.

An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.

Chief health officer with advanced degree seeking national interest waiver to manage hospital and reduce healthcare costs through technology. AAO affirmed that petitioner failed to establish national importance of specific endeavor; record shows only localized impact to hospital patients without broader industry or economic implications.

An actor with over two decades in film and television claimed seven evidentiary criteria and extraordinary ability. The director found three criteria met. The AAO dismissed the appeal, concluding the petitioner did not demonstrate sustained national or international acclaim or achievement placing him among the very top in entertainment, despite being accomplished.

An airline industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.

Ophthalmologist and entrepreneur sought EB-2 NIW. AAO held the business endeavor lacked national importance despite physician shortage concerns; proposed work lacked broader industry impact and unsubstantiated employment and economic projections.

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

Chief financial officer and logistics manager sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six required criteria and lacked degree of expertise above field ordinary level.

A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third prong.

Mechanical engineer seeks EB-2 NIW to conduct research and development on belt conveyor products and splicing for mining industry manufacturer. Petitioner claimed work addresses important manufacturing sector but provided insufficient evidence of prospective impact. AAO dismissed because record lacks evidence demonstrating how endeavor impacts mining, manufacturing, or construction fields at national level.

Legal consultant seeking EB-2 national interest waiver as entrepreneur in legal consulting field serving US-Brazil trade relations. AAO held endeavor had substantial merit but lacked demonstrated national importance; petitioner's professional qualifications relate to ability to advance endeavor but not to national importance of specific proposed business activities.

Market research and financial analyst seeks EB-2 with national interest waiver for new business providing market research and financial services. AAO dismissed because proposed endeavor lacks national importance; petitioner failed to demonstrate novel methodologies, research contributions, or prospective economic impact beyond clientele.

Technical project manager with Ph.D. equivalent sought NIW for EB-2. Proposed developing thermal management designs for data centers and electronics. Failed to demonstrate national importance; petitioner's planned role as employee rather than independent researcher reduced prospective impact. Appeal dismissed.

An assistant professor claimed extraordinary ability in academia. The AAO dismissed the appeal, finding she abandoned some claims and failed to overcome the director's determinations on awards, membership, publications, original contributions, and critical role.

A pastoral psychology and theology professional seeks EB-2 national interest waiver for proposed family counseling center. The AAO dismissed the appeal, adopting the Director's decision that the petitioner failed to establish national importance. While the services address important social needs, evidence does not demonstrate substantial positive national economic effects or broader field impact.

Venture capital and startup acceleration company executive with advanced degree seeking EB-2 and NIW. Director denied the petition finding substantial merit but not national importance. AAO affirmed that petitioner's experience and alignment with government initiatives do not establish that the specific proposed endeavor offers broader implications or substantial positive economic effects.