Published AAO appeal decisions

A woodcarving artist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO found only the academic record criterion satisfied and rejected experience, salary, membership and recognition claims. Because the threshold classification failed, it did not analyze the waiver under the Dhanasar framework, and dismissed the appeal.

Opera singer claimed five criteria for extraordinary ability: lesser awards, published material, judging, artistic display, and leading roles. AAO found only two criteria met (judging and display) by the Director, but rejected three others. Published material lacked depth; leading roles involved organizations without distinguished reputation. Petitioner failed to demonstrate sustained national or international acclaim required.

Business owner seeking NIW for supply chain management consulting in Florida. Claimed substantial merit and national importance for supply chain services supporting hose industry. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond personal business benefit; applicant changed core business plan after filing.

A legal analyst self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, finding the proposed endeavor lacks the national importance required under Dhanasar's first prong. The work—consulting on cross-border activities—was confined to specific employers and clients without broader field implications or substantial economic effects.

Legal analyst seeking EB-2 national interest waiver claimed her consulting work on cross-border corporate matters would generate national economic benefits. AAO dismissed appeal, finding the proposed endeavor lacks sufficient prospective impact beyond her employer and clients to demonstrate national importance under Dhanasar's first prong.

Architect and professor sought EB-2 NIW classification. Proposed to continue architectural design and teaching focused on affordable housing and construction projects. AAO dismissed, finding work lacks national importance; does not extend beyond personal projects to impact field or economy at required level.

Geoscientist seeking national interest waiver for exploration geology work. Director found substantial merit but no national importance. AAO affirmed; endeavor lacks broader implications, significant job creation potential, or substantial positive economic effects beyond employer and clients.

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.

Wood carving craftsman sought EB-1A extraordinary ability classification. Initially filed under EB-2 exceptional ability; Director treated as EB-1A request. Petitioner met only judging criterion of ten required; failed to meet three-criterion threshold. AAO found no sustained national or international acclaim.

Information technology specialist sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacked national importance under first Dhanasar prong; petitioner focused on past achievements and field importance rather than specific prospective endeavor impact.

An artist and painter from Peru sought EB-1A extraordinary ability. Although demonstrating artistic exhibition displays, he failed to establish receipt of nationally or internationally recognized awards or publication in major media. Meeting only one of three required criteria, he lacked evidence of sustained acclaim.

Visual artist from Venezuela with bachelor's degree in painting. Claimed lesser awards, membership in associations, and published material. Met only two criteria per director; on appeal, awards and membership also rejected as lacking national or international recognition. Appeal dismissed because petitioner failed to meet three criteria threshold and lacked sustained acclaim.

An artist agent, who is also a professor of studio arts, petitioned for a fine artist under the O-1 classification for extraordinary ability in the arts. This is O-1B, not O-1A. The AAO dismissed the appeal because the evidence did not satisfy three of the alternative regulatory criteria.

Mechanical engineer with advanced degree seeking NIW. Proposed endeavor involved high-end engineering work in oil and gas industry. AAO found endeavor has substantial merit but lacks national importance. Impact limited to employer and clients without broader implications for mechanical engineering or oil and gas field. No significant U.S. employment potential shown.

Dentist with advanced degree seeking NIW. Proposed work as dental assistant or consultant managing dental office. AAO found endeavor has substantial merit but lacks national importance. Petitioner offered evidence of dentist shortage but AAO held individual practice cannot meet national importance standard. Proposed research component insufficient and not clearly integrated into clinical work.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

An economics instructor and former professor sought extraordinary ability classification, claiming scholarly articles, judging, original contributions and a leading or critical role. The AAO agreed two criteria were met but found the other two unmet because contributions lacked major significance and the organization's distinguished reputation was unproven, so the appeal was dismissed.

A mathematics lecturer proposed numerical methods research projects. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of his specific proposed research endeavors under Dhanasar's first prong, despite strong citation record.

An athlete management business sought to extend O-2 status for two support workers accompanying a professional athlete holding O-1 status, working as content creators and media strategists. The AAO dismissed the appeal because the record did not show substantial experience with critical skills integral to the athlete's performance, and credibility concerns arose.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

Amateur athlete and coach claiming extraordinary ability in athletics. Petitioner met three initial criteria but failed final merits step: lacked sustained acclaim, no competition or awards post-2017, limited media coverage, and coaching work did not demonstrate top-level achievement required for EB-1A.

Sound design and editing specialist claimed extraordinary ability under EB-1A, asserting eligibility for seven criteria. AAO found petitioner met none of the required ten criteria and dismissed the appeal, finding awards lacked national recognition and MPSE membership did not satisfy requirements.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.