Published AAO appeal decisions

A business executive in the energy industry sought extraordinary ability classification, claiming to rank among top corporate executives worldwide. The Director found only the leading or critical role criterion met. The AAO dismissed the appeal because membership and published material were not established and the record lacked sustained acclaim at the top of the field.

A violinist's approved extraordinary ability petition was revoked by the Director, who found the criteria unmet and false information provided. After a notice of intent to dismiss, she withdrew the appeal. The AAO granted the withdrawal and entered a separate finding of willful material misrepresentation based on altered CD artwork and inconsistent employment claims.

An artist claimed extraordinary ability and satisfaction of six criteria beyond two established by the service center. AAO found petitioner met only judging and exhibitions criteria, failing to establish three required criteria. Record did not demonstrate sustained acclaim or top-tier status.

A photographer displayed work in China and Europe. He claimed multiple evidentiary criteria and met four. The AAO dismissed his appeal because evidence did not demonstrate sustained international acclaim or standing among the very top photographers in the field, despite some exhibition recognition.

Analytical chemist holding advanced degree sought national interest waiver for chemical sensor research. AAO dismissed, finding petitioner relied on past research but did not establish sufficient prospective impact or national importance for revised proposed endeavors involving new research directions.

A musician and composer claimed extraordinary ability through seven criteria. The AAO found only two criteria met: judging and exhibitions. The decision concluded the petitioner failed to establish three required criteria and therefore did not reach final merits analysis, dismissing the appeal.

A dancer and choreographer sought extraordinary ability classification. After the denial, an appeal dismissal and several earlier dismissed motions, she filed a fourth combined motion to reopen and reconsider. The AAO dismissed both, finding no incorrect application of law or policy and no new facts or evidence.

Clinical research coordinator sought national interest waiver for EB-2. AAO dismissed because petitioner provided inconsistent descriptions of her proposed endeavor between initial and amended filings, preventing determination of whether the endeavor had substantial merit and national importance.

A financial manager with an advanced degree sought a national interest waiver of the job offer requirement, proposing to advise businesses on investment strategies and train staff. The AAO held the endeavor lacked demonstrated national importance, since the industry's importance is not the test and economic impact went unsupported. Remaining prongs were not reached.

A civil engineer claimed extraordinary ability for EB-1A based on eight regulatory criteria. The AAO found he satisfied only two criteria (judging and scholarly articles), below the three required, and failed the final merits test for sustained acclaim at the top of the field.

Development director self-petitioned for EB-1A visa. Applicant met three evidentiary criteria but appeal dismissed on final merits. Motions to reopen and reconsider dismissed because petitioner submitted no new facts or evidence and failed to show AAO misapplied law or policy.

A computer hardware and software engineer employed by a development company met three initial evidentiary criteria but failed the final merits determination. The AAO found that while scholarly articles showed field notice and letters demonstrated regard among colleagues, this did not establish sustained national or international acclaim or top percentage status required for extraordinary ability classification.

Accountant sought EB-2 with national interest waiver based on proposed accounting and tax consulting work. Director and AAO found substantial merit but rejected national importance, finding no sufficient evidence of broad economic impact beyond employer and clients. Appeal dismissed.

Television production and publishing company petitioned for executive editor and journalist beneficiary for O-1A extraordinary ability visa in business. Petitioner claimed seven criteria but failed to establish major internationally recognized award or three alternate criteria. Award lacked recognition, article timing invalid, judging participation unproven. Appeal dismissed.

An entrepreneur claimed EB-2 advanced degree and exceptional ability status with national interest waiver. AAO found petitioner lacked qualifying advanced degree and did not establish exceptional ability. Proposed endeavor failed Dhanasar first prong; business activities lacked national importance.

An entrepreneur sought EB-2 as advanced degree holder or exceptional ability person with national interest waiver. The AAO found no advanced degree, rejected exceptional ability (unmet criteria), and dismissed the NIW claim under Dhanasar because the first prong failed: his business income and employment gains did not establish substantial merit or national importance.

A petitioner claiming exceptional ability in the arts sought EB-2 classification with a national interest waiver. After a notice of intent to dismiss, she withdrew the appeal. The AAO granted the withdrawal and entered a finding of willful misrepresentation, based on falsely claimed authorship of two books using plagiarized material.

An administrative services specialist sought EB-2 classification with a national interest waiver but failed to qualify as advanced degree holder or person of exceptional ability. The AAO found her proposed work as executive assistant lacked national importance under Dhanasar's first prong, showing no substantial economic benefits, dismissing the appeal.

Self-petitioned entrepreneur in real estate investment and development sought national interest waiver under Dhanasar. Petitioner claimed proposed endeavor had substantial merit and national importance through economic growth and job creation. AAO found proposed work lacks national importance; expansion limited to petitioner's own companies without broader field or industry impact.

Self-petitioner artist seeking EB-2 exceptional ability and national interest waiver claimed exceptional ability in the arts and satisfaction of the Dhanasar framework. The petitioner withdrew the appeal after the AAO issued a notice of intent to dismiss based on willful misrepresentation of authorship of three books, a material fact affecting eligibility.

Marketing manager employed by U.S. organization seeking EB-2 national interest waiver. Claimed substantial merit for strategic marketing work. Advanced degree established but failed first Dhanasar prong: proposed work lacked national importance beyond specific employer and clients. Appeal dismissed.

Self-petitioner entrepreneur seeking NIW on EB-2 petition. Claimed proposed business development and advisory work has national importance through job creation and economic benefit. AAO dismissed appeal, finding the specific endeavor lacks national importance under Dhanasar first prong, as work would not extend beyond petitioner's company and clients to impact the field broadly.

Entrepreneur seeks NIW and exceptional ability classification. AAO found he did not meet exceptional ability criteria and lacked evidence of national importance for proposed IT entrepreneurship work. Appeal dismissed because specific endeavor lacks substantial national importance.

A physical therapist sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO held she met neither underlying classification because of insufficient qualifying experience and unchallenged findings on the regulatory criteria, so the waiver question was moot. The appeal was dismissed.