Published AAO appeal decisions

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

Financial manager from Brazil sought EB-2 advanced degree classification and NIW. Petitioner did not meet EB-2 requirements due to insufficient post-baccalaureate experience; degree completed only three months before filing with unclear work history timeline.

A dentist self-petitioning for NIW sought waiver of job offer for EB-2 advanced degree classification. He proposed buying and expanding a Texas dental clinic. AAO dismissed the appeal, finding while his endeavor had national importance, he was not well positioned to advance it at filing and adjudication because he lacked state licensure until six months after petition filing.

An operations specialist from Burkina Faso sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner did not establish equivalent U.S. baccalaureate degree or five years progressive post-baccalaureate experience; NIW criteria not reached.

A physical therapist sought EB-2 NIW classification. The AAO withdrew the Director's misrepresentation finding and accepted substantial merit of the proposed work, but found the specific endeavor lacks national importance due to insufficient evidence of broader field impact or significant economic effects. Appeal dismissed.

Automobile interior restorer with advanced degrees in industrial design sought EB-2 NIW classification after establishing his own manufacturing business. AAO held the petitioner failed to demonstrate national importance of his specific endeavor, as local employment and economic benefits to car dealerships and suppliers did not establish broader impact on the field or economy commensurate with national interest.

Management consultant sought EB-2 exceptional ability or advanced degree classification with national interest waiver. AAO found petitioner categorically ineligible for EB-2 and failed first Dhanasar prong, as management consulting services to Florida businesses lacked demonstrated national importance or broader economic impact.

Digital marketer and entrepreneur seeking EB-2 NIW to operate marketing and business consulting business. AAO held proposed endeavor lacks national importance because providing specific services to prospective clients, even citing professional shortage, does not establish broader impact required by Dhanasar.

A marine biologist sought EB-1A extraordinary ability classification. The petitioner met judging and scholarly articles criteria but failed to satisfy three total criteria. Research citations were not shown to be unusually high, and work lacked demonstrated major significance in the field. Appeal dismissed because extraordinary ability sustained acclaim was not established.

Financial advisor sought NIW under EB-2 as specialized business consultant in international trade and hospital cost reduction. Petitioner failed to establish national importance of proposed endeavor. AAO dismissed, finding prospective economic impact limited to individual clients rather than broader field or substantial national scope.

Physician sought EB-2 with national interest waiver to practice geriatric medicine. AAO affirmed denial on two grounds. Petitioner failed to show national importance of general practice and did not demonstrate being well-positioned to advance the endeavor. Material amendment concerning clinic ownership was impermissible.

Chief executive officer seeking NIW for travel agency startup. Established EB-2 eligibility with advanced degree but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader field implications or substantial positive economic effects required.

Supply chain specialist and entrepreneur in event services sought NIW under EB-2 exceptional ability. AAO withdrew director's exceptional ability finding, finding petitioner failed evidentiary criteria. Ineligible for underlying EB-2 classification; NIW eligibility not reached.

ESOL teacher sought EB-2 with national interest waiver. AAO dismissed appeal finding substantial merit in teaching endeavor but no national importance. Work in economically depressed area insufficient; proposed benefits to students' employment prospects too attenuated to demonstrate regional or national economic impact.

An architect with 20+ years experience seeks an NIW for EB-2 as advanced degree professional. He claimed his design, consulting and planning services have national importance via construction industry boost, tourism, historic revitalization, and federal initiatives. The AAO affirmed denial because his specific proposed endeavor lacks demonstrated national implications or prospective impact.

Dental assistant and entrepreneur with Brazilian dental degree sought EB-2 NIW. Claimed endeavor had substantial merit and national importance. AAO found neither prong met: endeavor too vague and lacking data on economic impact, job creation, or field advancement. Appeal dismissed.

Restaurant general manager with twenty-five years of experience sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish major award or meet three of ten regulatory criteria, particularly membership with demonstrated outstanding achievements, judging, and high salary comparable to field peers.

Aircraft mechanic with sixteen years experience sought national interest waiver for EB-2 as individual of exceptional ability. AAO found applicant met three regulatory criteria but failed to demonstrate expertise significantly above ordinary level. Underlying EB-2 eligibility not established. Appeal dismissed.

Treasurer and controller sought EB-2 with national interest waiver. AAO dismissed because petitioner could not consistently articulate proposed endeavor, transforming it from initial petition through RFE response, preventing meaningful application of Dhanasar framework.

Micro-irrigation technology inventor sought EB-1A extraordinary ability. Director denied based on insufficient evidence for major award or three of ten criteria. AAO affirmed, finding Director properly excluded untranslated and uncertified documents from consideration under translation regulations.

Motorcycle customizer sought EB-2 classification with NIW for exceptional ability. AAO dismissed because petitioner failed to meet three regulatory criteria for exceptional ability at time of filing; NIW analysis not reached due to threshold ineligibility.

Thermal R&D engineer with Ph.D. in mechanical engineering sought EB-2 advanced degree professional classification with NIW. AAO affirmed Director's finding that proposed research has substantial merit but lacks national importance. Letters and industry reports insufficient without specific evidence of broader field impact or national implications.

Physical therapy specialist seeking EB-2 national interest waiver. AAO found petitioner qualified for underlying EB-2 but failed first Dhanasar prong: substantial merit was demonstrated but national importance was not, as proposed endeavor would impact only employer and patients, not broader field.

Self-petitioner, professional in social marketing and financial advisory, seeks EB-2 NIW. AAO held petitioner lacks advanced degree eligibility and failed NIW's first prong because proposed endeavor lacks substantial merit and national importance, affecting only local clients without broader economic impact.

Finance consultant seeks NIW for financial consulting business. AAO held proposed endeavor lacks national importance because unsupported sales forecasts and impact limited to company clientele without demonstrable broader effect on financial services industry or U.S. economy. Appeal dismissed.