Published AAO appeal decisions

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Software and game developer seeking NIW and EB-2 as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but AAO found only two met by director; on appeal petitioner could not establish three required criteria. Appeal dismissed on underlying EB-2 ineligibility without reaching NIW Dhanasar analysis.

Self-petitioner entrepreneur with over 20 years in business and finance seeking EB-2 NIW for consulting firm serving entrepreneurs and small firms in Latin American U.S. operations. AAO found no national importance; endeavor lacks prospective impact beyond target clientele and no substantial economic benefits demonstrated at regional or national level.

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

Entrepreneur and jiu-jitsu instructor sought NIW as exceptional ability professional. AAO found petitioner met only two of six exceptional ability criteria, failing underlying EB-2 qualification. Because ineligible for EB-2, NIW analysis not reached. Appeal dismissed.

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

A technology entrepreneur seeking EB-2 exceptional ability classification with NIW claimed three criteria for exceptional ability. AAO held petitioner failed to meet three criteria required for exceptional ability; therefore ineligible for EB-2 and NIW reserved; appeal dismissed without reaching Dhanasar analysis.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

A hospitality manager sought EB-2 classification as an exceptional ability individual, with a national interest waiver. The appeal was dismissed because, after withdrawing the service center's findings on salary, membership and recognition, fewer than three regulatory criteria were met. The waiver question was reserved and not decided.

Accounting specialist sought EB-2 with national interest waiver for a startup accounting services company. Advanced degree qualification was not disputed. AAO held the proposed endeavor lacked national importance because routine accounting services would benefit only generalized clients without broader economic impact.

A software and investment firm sought O-1 classification for an investment and marketing specialist. After a summary dismissal of the appeal, the firm filed untimely combined motions to reopen and reconsider. The AAO found the delay was not reasonable or beyond the firm's control and dismissed both motions without reaching the merits.

Pomegranate industry business executive sought EB-1A extraordinary ability. AAO held petitioner failed to meet three of ten initial criteria; television appearances lacked sufficient documentation; evidence did not establish sustained national or international acclaim required for classification.

Research scientist sought EB-1A extraordinary ability classification. She claimed multiple criteria including scholarly articles and judging. AAO found she met only two of ten required criteria (scholarly articles and judging), falling short of three-criterion threshold. Final merits analysis confirmed insufficient evidence of sustained national or international acclaim at top of field.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Entrepreneur seeking EB-2 with NIW for financial management consultancy claimed substantial merit and national importance. AAO held endeavor lacked national importance because projected job creation was nominal for a large county and petitioner failed to demonstrate broad field impact or substantial economic effects.

Cultural director sought EB-1A classification. Met three evidentiary criteria: published material, judging, and leading role. However, AAO dismissed appeal finding no sustained national or international acclaim. Media coverage limited to local newspaper until 2008 with no subsequent prominence; failed to demonstrate career of acclaimed work or presence among field's very top.

Restaurant petitioned for executive chef's O-1A classification. AAO dismissed motion to reconsider, holding petitioner failed to raise new legal or factual grounds and repeated prior arguments without addressing erroneous application of law.

An airline pilot seeking EB-2 classification with NIW based on proposal to teach flight instruction claims his endeavor has national importance. AAO held the proposed endeavor lacks national importance because evidence does not show impact on field or economy beyond individual students, thus failing first prong of Dhanasar; appeal dismissed.

Educational consultant and geography education researcher with advanced degree claimed NIW for teaching and GIS research at university. AAO found proposed endeavor lacked specificity and failed to demonstrate national importance beyond university setting. Appeal dismissed.