Published AAO appeal decisions

Senior engineering program manager with advanced degree seeks NIW for research on electromechanical systems including motor design, hybrid vehicle powertrains, and aerospace monitoring. SCOPS approved advanced degree qualification and substantial merit but denied national importance. AAO upheld dismissal, finding insufficient evidence of broader field impact or economic effects rising to national importance.

CEO and inhaled drug delivery researcher claimed EB-1A extraordinary ability, satisfying five initial evidentiary criteria. AAO held totality of evidence insufficient for final merits determination; petitioner lacked sustained national acclaim and did not demonstrate career of acclaimed work placing him among field's very top.

A business executive claimed extraordinary ability through seven regulatory criteria, including awards and scholarly articles. The AAO found he did not receive a major internationally recognized award and met fewer than three alternate criteria. The appeal was dismissed because initial evidentiary requirements were not satisfied.

Competitive swimmer seeks EB-1A extraordinary ability. AAO found one criterion met (awards) but withdrew SCOPS findings on membership and published materials; petitioner failed to establish three of ten required criteria. Final merits analysis not reached. Appeal dismissed.

Martial arts athlete sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met only one of ten criteria required as initial evidence and failed to establish national or international recognition of awards or qualifications.

A mechanical engineer sought a national interest waiver for an EB-2 employment-based petition. The AAO dismissed the appeal, finding the petitioner failed to establish that the proposed thermal management research endeavor has national importance, the first Dhanasar prong required for waiver eligibility.

A statistician with an approved labor certification sought a national interest waiver to develop statistical methods for biomedical discovery and clinical trials. The AAO dismissed the appeal, holding expert letters lacked persuasive corroborating evidence that his specific proposed endeavor would achieve national importance in biomedical science.

Choreographer self-petitioner sought EB-1A extraordinary ability classification. Service center found three criteria met but AAO reversed on appeal, finding the petitioner failed to demonstrate sustained national or international acclaim or career of acclaimed work, and did not rank among the very top of the field.

University-sponsored global engagement coordinator claiming extraordinary ability. Petitioner established two of eight alternate criteria: judging and scholarly articles. Failed to demonstrate three required criteria under published material and original contributions standards. Decision not reached on final merits assessment.

Computer science PhD studying efficient AI model deployment met first Dhanasar prong on substantial merit and national importance. However, AAO found insufficient evidence of being well positioned to advance the proposed endeavor through citations, letters, and research record. Third prong not reached. Appeal dismissed.

A physiotherapist from Brazil sought EB-2 classification with a national interest waiver for a health and wellness startup. The AAO dismissed the appeal because she failed to satisfy three of six exceptional ability criteria, specifically lacking sufficient evidence of professional association membership and recognition for achievements.

A healthcare staffing company petitioned for an EB-2 advanced degree classification with Schedule A designation for a physical therapist beneficiary. The petition lacked proof of Florida PT licensure or state qualification at filing. On appeal, the employer submitted a Florida PT license dated after the petition filing. AAO declined to consider late evidence and affirmed denial.

An employer petitions for a financial investor to receive an NIW for consulting services promoting U.S. business investment in China. The AAO found substantial merit but rejected national importance, concluding projected revenue, tax contributions, and job creation lacked evidence of broader regional or national economic impact.

Pharmacist sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed denial, finding although three criteria were met, evidence did not establish expertise significantly above ordinary levels in pharmaceutical services. NIW prongs reserved as unnecessary.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

Industrial engineer seeking EB-2 with national interest waiver for modular oil and gas facility modernization work. Petitioner claimed national economic and environmental benefits. AAO held proposed endeavor lacked sufficient direct evidentiary tie to claimed benefits and national importance.

General manager and founder working in advanced materials research and development. Claimed seven criteria; met four initial evidentiary requirements. AAO affirmed denial because totality of evidence did not establish career of acclaimed work or small percentage at very top of field despite meeting minimum threshold.

An industrial engineer sought EB-2 national interest waiver for manufacturing technology in recycled composites. The AAO dismissed the appeal, finding the petitioner established national importance of the endeavor but failed to demonstrate he was well-positioned to advance it, lacking documented record of success or demonstrated customer interest.

Professional with one-year post-graduate certificate in financial management seeks EB-2 national interest waiver. AAO held applicant does not qualify for underlying EB-2 classification because transcript shows less than four years of study and does not establish foreign equivalent of U.S. bachelor's degree; Dhanasar analysis reserved.

ESL instructor claimed extraordinary ability under EB-1A. Met judging criterion only. Membership and leading role criteria rejected; published material and original contributions waived on appeal; high salary reserved. Petitioner failed three-criterion threshold, so final merits not analyzed.

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

An electronics engineer proposed a business offering technical support and consulting to television and streaming enterprises and self-petitioned for EB-2 national interest waiver. AAO dismissed, holding the proposed endeavor lacks substantial merit and national importance because it shows no significant potential for employment, economic impact, or contribution to advancing technology or field.

A clean energy specialist sought EB-2 national interest waiver as advanced degree professional. AAO agreed underlying EB-2 eligibility was met but found proposed endeavor had substantial merit but not national importance under Dhanasar. Petitioner showed only local economic potential, not broader prospective national impact. Appeal dismissed.

A technical program manager claimed extraordinary ability under EB-1A, meeting two of ten criteria. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability. Petitioner satisfied judging and scholarly articles criteria but failed to demonstrate that his original contributions had major significance or that he had national or international acclaim.

A process engineer seeks EB-2 national interest waiver for hydrogen membrane reactor research and development. Appeal dismissed because petitioner failed to establish substantial merit and national importance of proposed endeavor under Dhanasar's first prong; description lacked sufficient specificity and evidence of broader impact. Second and third prongs not reached.