Published AAO appeal decisions

An engineer claimed six evidentiary criteria for extraordinary ability classification. The AAO found the published material articles were about the employer or industry, not the petitioner's work, and lacked formal evidence of judging designation. The record failed to establish sustained national or international acclaim required for the classification.

A dental surgeon with advanced degree sought EB-2 classification and national interest waiver. While qualified as advanced degree professional, the AAO agreed with the Director that the proposed endeavor lacked national importance under the first Dhanasar prong because the offered administrative position was unrelated to dental research and expansion plans lacked documented national economic impact.

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

Physical therapist entrepreneur qualified for advanced degree classification but sought national interest waiver. AAO found proposed endeavor lacked national importance; projected employment of 10-14 workers and local benefits insufficient; shortage in field does not establish national importance.

Agricultural business director with advanced degree sought EB-2 classification with national interest waiver. Service center qualified petitioner for advanced degree but denied waiver. Petitioner argued proposed endeavor part of sustainable farming initiative with national importance. AAO found proposed business lacked national importance under Dhanasar first prong and dismissed appeal.

An orchestral musician seeks extraordinary ability classification. She claims five criteria including awards, membership, judging, exhibitions, and leading role. AAO found only leading role met; insufficient criteria. Petitioner lacks demonstrated sustained national or international acclaim required for extraordinary ability.

A mechanical engineer with advanced degree sought NIW for HVAC engineering work. The AAO affirmed denial because her proposed work lacked sufficient national importance under Dhanasar's first prong; it would not impact the field broadly beyond her employer and clients.

An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was dismissed.

A human resources and labor researcher and professor sought EB-1A extraordinary ability classification. She claimed five criteria. The AAO affirmed denial, finding she satisfied only judging and scholarly articles, failing to meet the three-criterion threshold and showing no sustained national or international acclaim characteristic of the top tier.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

A biochemist and molecular biologist sought an NIW under EB-2. The AAO withdrew the Director's finding on the second prong and dismissed because she failed to demonstrate being well-positioned to advance her research endeavor. Education, citations, and peer review alone were insufficient without evidence of sustained funding or primary role in grant awards.

A businessperson sought extraordinary ability classification claiming membership in associations requiring outstanding achievements. The AAO found willful misrepresentation of material facts regarding association memberships through altered translations and falsified documents, dismissed the appeal on withdrawal, and entered a separate finding of material misrepresentation affecting future admissibility.

Chemical engineer with product development work claimed four criteria: published material, judging, scholarly articles, and original contributions. AAO found three criteria met but on final merits determined evidence insufficient to show sustained national or international acclaim at top of field.

A cybersecurity firm sponsored a beneficiary software engineer. Director initially found three criteria met (judging, original contributions, scholarly articles) but final merits analysis found no sustained acclaim. Petitioner filed motion to reopen; Director dismissed motions. AAO affirmed dismissal on procedural grounds without reaching underlying petition merits.

A medical scientist seeks NIW for research on diseases and therapeutic development. First Dhanasar prong met: research has substantial merit and national importance. Second prong failed: no evidence of financial support, entity interest, or positioning to advance the proposed endeavor in the United States.

A violinist who performed with ensembles and orchestras sought extraordinary ability classification. The Director accepted only the display criterion, and the petitioner claimed additional criteria on appeal. The AAO dismissed the appeal because awards and published material were not established, leaving fewer than three criteria and no showing of sustained acclaim.

A chemical engineer with advanced degree sought national interest waiver for EB-2 classification. The AAO found the proposed research had substantial merit and national importance but concluded the petitioner was not well positioned to advance it, dismissing the appeal.

University employer sponsored campus biological safety officer for EB-1A extraordinary ability. Beneficiary met three of ten evidentiary criteria: judging, scholarly articles, and critical role. Final merits analysis found record insufficient to demonstrate sustained national or international acclaim or small-percentage status at top of biological safety field.

A social work coordinator sought a national interest waiver for an EB-2 position. The AAO found the petitioner qualified for advanced degree classification but failed the first Dhanasar prong: the proposed endeavor lacked national importance, had only state-level scope, and showed no potential for national economic effects or process improvements.

A reconstructive surgeon sought NIW under EB-2 for proposed clinical and surgical practice. AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because petitioner failed to demonstrate broader field impact or significant economic benefits beyond individual geographic areas.

Art museum petitioned for associate curator beneficiary for O-1A extraordinary ability. AAO dismissed appeal, finding no significant national or international award and failure to meet three of six alternate criteria; comparable evidence argument rejected.

A MEMS researcher sought NIW for advanced research in MEMS device design and fabrication. The AAO found his proposed work met the first Dhanasar prong but lacked sufficient evidence under the second prong that he is well positioned to advance the research independently.

Materials chemistry researcher pursuing Ph.D. seeking EB-2 with national interest waiver. Met first Dhanasar prong: proposed research in smart polymers has broader field implications. Failed second prong: insufficient evidence of being well positioned to advance the research despite publications, citations, and support letters. Appeal dismissed.

A lawyer sought EB-1A extraordinary ability classification. The petitioner claimed five criteria and the director found one met. The AAO agreed only one criterion was satisfied and found insufficient sustained national or international acclaim at the top of the field, dismissing the appeal based on uncorroborated assertions and limited objective documentation.