Published AAO appeal decisions

Child development psychologist sought NIW under EB-2. Director found substantial merit but not national importance. AAO affirmed, finding no evidence proposed work extends beyond clients and students to impact field broadly or create substantial U.S. jobs and economic effects.

Business administrator proposed to manage early childhood education franchises in Florida. AAO found endeavor has substantial merit but lacks national importance; benefits too localized. First Dhanasar prong failed; waiver denied.

A mathematics teacher sought EB-2 classification with a national interest waiver. The petition was first approved, then revoked by the Director. The AAO dismissed the appeal because the record did not show an advanced degree equivalent or five years of progressive experience, and it reserved the Dhanasar prongs.

An entrepreneur in the culinary and restaurant field sought EB-2 exceptional ability classification with a national interest waiver. The AAO withdrew the director's findings on experience letters and professional membership and rejected the salary and recognition criteria. It dismissed the appeal and did not analyze the waiver under Dhanasar.

Aerospace technology specialist in air transportation modeling claiming extraordinary ability. Met scholarly articles and judging criteria but failed membership, original contributions, and leading role criteria. Only two of ten criteria established despite claiming four additional. Appeal dismissed for insufficient evidence of top-tier recognition.

A professional wrestler sought EB-2 exceptional ability classification with a national interest waiver. The AAO found none of the claimed evidentiary criteria satisfied, including license, membership and recognition, and no advanced degree status. Because the threshold classification failed, the waiver question was treated as moot and the appeal was dismissed.

Public relations director sought EB-1A extraordinary ability classification. She claimed six criteria including awards, membership, and original contributions. AAO held she failed to meet at least three criteria: awards were organizational not individual, and membership evidence lacked required bylaws documentation.

A chief academic officer self-petitioner sought EB-2 classification with national interest waiver for online education business. The AAO dismissed because the petitioner failed to articulate a specific proposed endeavor, instead describing multiple overlapping positions and activities without clear delineation.

A neurobiology researcher sought extraordinary ability classification after the service center found the initial evidentiary criteria unmet. The researcher filed two appeals of that denial. The AAO sustained the other appeal, so this duplicate appeal was dismissed as moot, and the petition will be approved through the sustained appeal.

Dental surgeon seeking NIW for advanced degree EB-2 to establish dental clinic. AAO dismissed appeal, finding proposed endeavor lacks national importance, petitioner not well positioned to advance it given focus on esthetician work, and labor shortage insufficient to balance waiver factors.

Self-petitioner speech and theatrical coach sought EB-1A classification. Met three preliminary criteria: judging, published material, critical role. AAO dismissed appeal because evidence did not establish sustained national or international acclaim required for extraordinary ability classification.

Chief executive officer and solutions architect claimed four criteria including membership, published material, leading role, and high salary. AAO found none met. YPO membership lacked demonstrated outstanding achievement standard. Published materials insufficient in prominence or attribution. Executive experience alone does not establish upper echelon status required.

A robotics engineer proposed establishing a U.S.-based company providing remote-control services and consulting. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor has national importance; generic field information and personal intentions do not demonstrate projected impact rising to substantial positive economic effects.

Information technology director seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner failed to establish foreign education equivalent to U.S. bachelor's degree and did not meet three criteria for exceptional ability. National importance of proposed endeavor also not established under Dhanasar framework.

Research associate in physics seeks EB-1A extraordinary ability classification. Met three of ten initial evidentiary criteria including judging and scholarly articles. AAO held evidence insufficient for final merits determination; routine research activities and limited recognition do not establish sustained acclaim or top-tier status required for extraordinary ability.

Political scientist sought EB-2 national interest waiver after qualifying for advanced degree classification. Director found substantial merit but not national importance. AAO affirmed, holding petitioner failed to demonstrate specific prospective impact of Central Asian affairs research on field or U.S. economy at requisite level.

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

Physical therapist and doula with advanced degree seeking national interest waiver for EB-2. Petitioner claimed endeavor has national importance due to therapist shortage and Brazilian healthcare knowledge. AAO found petitioner submitted industry-level data but failed to demonstrate her specific endeavor would have national importance; individual patient care and business startup lack evidence of broader field impact.

Motion on P-1 nonimmigrant visa petition for boxer. Petitioner sought to reopen appeal of Service Center denial. AAO dismissed motion to reopen and motion to reconsider as lacking new facts addressing distinguished competition and international reputation requirements.

A freight transportation entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the AAO withdrew the service center's findings on degree, license and membership criteria, since the degree was unrelated and the license and membership post-dated filing. The waiver framework was left unaddressed.

A cleaning-products manufacturer petitioned for its president, seeking an advanced degree classification with a national interest waiver. The service center found the degree qualification met but denied the waiver. The AAO dismissed the appeal, holding that national importance of the endeavor was not shown through employment or economic effects, and reserved the other prongs.

A sports coordinator and trainer sought EB-2 with national interest waiver under Dhanasar. The AAO dismissed the appeal because the proposed endeavor lacked demonstrated national importance, despite addressing the important issue of childhood obesity. The petitioner failed to show the work would impact U.S. soccer or public health broadly or generate substantial positive economic effects.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

Transportation engineer with bachelor's degree and work experience sought EB-2 with NIW. AAO found he lacked sufficient post-baccalaureate experience for advanced degree classification and his proposed traffic engineering endeavor lacked the national importance required for waiver under Dhanasar.

Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.