Published AAO appeal decisions

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.

Medical researcher seeking EB-2 with national interest waiver. Claimed medical research endeavor had national importance and that she was well positioned to advance it. AAO found petitioner failed to identify a specific and consistent proposed endeavor; record reflected numerous changing activities. Appeal dismissed after second denial.

Oil industry scientist self-petitioner with Ph.D. claimed four criteria for extraordinary ability. AAO found two criteria met (judging and scholarly articles) but rejected original contributions and high salary claims. Appeal dismissed for failure to meet three-criterion threshold and lack of sustained acclaim.

Mechatronics engineer sought EB-2 with national interest waiver. Described endeavor as continued employment with multinational companies on cross-border transactions; later added business plan and service company. AAO held proposed endeavor lacked national importance; business plan materials presented new facts post-filing; letters and articles address industry, not specific endeavor impact.

Former military officer seeking EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. Petitioner did not hold recognized bachelor's degree equivalent and failed to establish three of six exceptional ability categories. Ineligible for EB-2; appeal dismissed.

A vocational agriculture teacher sought EB-1A classification. He claimed membership, scholarly articles, and critical role criteria. The AAO found he did not establish major award status or three alternate criteria. His association memberships did not require outstanding achievements, articles were unpublished or not in major media, and teaching work was not a critical role. Appeal dismissed.

Finance professional sought EB-2 NIW. Service center found exceptional ability qualification but denied waiver. AAO affirmed: proposed endeavor of corporate treasurer and controller work lacked national importance; localized benefits to individual employers and divergent business ventures (wallpaper sales, real estate) did not demonstrate broad field impact.

Education counseling business petitioned for school and career counselor beneficiary's O-1A classification. Petitioner claimed seven criteria; director and AAO found none met. Letters lacked evidence of major field significance. Salary was average, not elevated. Appeal dismissed without final merits determination.

The petitioner's occupation is not stated in the available text. The petitioner sought extraordinary ability classification, and the Director found fewer than three of ten criteria satisfied. The AAO dismissed the appeal as moot because the petitioner had since adjusted to permanent resident status through another proceeding, so the merits were not reached.

A human resources specialist planning to start a consulting firm sought EB-2 advanced degree classification with a national interest waiver. The service center found she lacked five years of progressive post-degree experience. The AAO dismissed the appeal because the new letter did not establish qualifying experience, and it reserved the Dhanasar prongs without deciding them.

A competitive aircraft model pilot sought EB-1A classification. He claimed membership, published material, and one other criterion. The AAO found he did not establish major award status or three alternate criteria, including that his blog posts were not major media and his title did not evidence association membership. The appeal was dismissed.

A finance consultant with advanced degree seeks EB-2 NIW. The petitioner proposed operating a financial consulting company. The AAO dismissed the appeal, finding the endeavor lacks national importance and substantial positive economic effects required under Dhanasar.

Event producer sought EB-1A extraordinary ability classification. Met initial evidentiary criteria but AAO found evidence insufficient to demonstrate sustained national or international acclaim or position among top event producers. Single media mention and isolated judging instance do not establish required level of achievement.

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

Civil construction specialist with advanced degree sought national interest waiver for EB-2. AAO found proposed endeavor, though meritorious, lacks demonstrated national importance and fails to show broader impact beyond employer and clients. Appeal dismissed.

Priest seeking EB-2 NIW for spiritual ministry to Ukrainian Orthodox Church congregation claimed national importance through connection to White House Ukrainian relief initiative and pandemic-related needs. AAO held proposed endeavor lacks national importance because ministering to congregation's spiritual needs has no broader national implications and no substantial positive economic effects.

A self-petitioner with a criminal justice bachelor's degree and some law school study sought EB-2 classification as an advanced degree professional or person of exceptional ability, with a national interest waiver. The appeal was dismissed because the degree, experience and other exceptional ability evidence fell short, so the waiver merits were not reached.

Self-petitioner, social communications specialist providing marketing consultancy, sought EB-2 advanced degree classification and national interest waiver. AAO found proposed marketing endeavor lacks national importance and cannot establish waiver eligibility. Appeal dismissed.

A project manager in sustainable construction seeks NIW for solar panel and green building consulting. AAO dismissed appeal because the endeavor, though meritorious, lacks national importance and the petitioner provided inconsistent and vague descriptions of the specific proposed activities.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

Aircraft mechanic seeking EB-2 national interest waiver. AAO found petitioner failed to establish exceptional ability under EB-2 and that proposed endeavor lacks substantial merit and national importance, failing the first Dhanasar prong. Second and third prongs not addressed.

General and operations manager seeking EB-2 advanced degree with national interest waiver. Claimed management endeavor would have national importance and that he was well positioned to advance it. AAO found material changes to proposed endeavor between filing and RFE response; initial employment no longer viable; endeavor lacked demonstration of broader implications or substantial economic effects.

A fashion model from Australia sought EB-1A classification claiming ten evidentiary criteria. The AAO affirmed the service center's finding that she satisfied only one criterion (display at exhibitions). The record lacked evidence of nationally recognized awards, qualifying association membership, or the sustained national/international acclaim required for extraordinary ability status.

Self-petitioner, business supply chain software specialist, sought EB-1A extraordinary ability. Met only one of three required criteria (published material). AAO rejected membership in professional associations and leading role claims due to insufficient evidence and timing issues. Appeal dismissed.