Published AAO appeal decisions

Self-petitioner oncologist seeking EB-1A extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal, finding original contributions criterion not satisfied and insufficient evidence of sustained acclaim or top-tier recognition in medical field.

Endodontics professor sought EB-1A classification. Met three initial criteria via committee work, publications, and scholarly articles. AAO affirmed but rejected final merits, finding stale citation record, large editorial boards, and ad hoc local committee positions insufficient to establish sustained national or international acclaim. Appeal dismissed.

Software engineer director at e-commerce company seeks EB-1A extraordinary ability. Met high salary and leading role criteria but failed original contributions criterion. AAO found no evidence contributions impacted field broadly or were recognized as majorly significant beyond employer's internal benefit.

A CEO and business training center founder claimed seven criteria for extraordinary ability, satisfying three initially. The AAO found insufficient evidence of sustained national or international acclaim, with media coverage local rather than national, dismissing the appeal.

Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.

Dance competitor and instructor sought exceptional ability classification and national interest waiver. AAO dismissed, finding proposed endeavor lacks national importance because competitive participation and instruction would not impact the field broadly, offer substantial job creation, or provide meaningful economic effects.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

Systems engineer and project manager with advanced degree sought national interest waiver for EB-2 by claiming endeavor to close diversity gaps in STEM through educational programs. AAO found proposed work lacked sufficient prospective impact beyond specific students to meet national importance standard and thus failed first Dhanasar prong.

Sales and marketing officer seeks NIW and exceptional ability classification. AAO found he does not qualify as advanced degree professional and lacks three exceptional ability criteria. Appeal dismissed because proposed marketing work lacks demonstrated national importance.

Physics doctoral candidate seeking NIW for hypersonic technology research. AAO affirmed denial, finding proposed endeavor has national importance but applicant not well positioned to advance it. Master's degree and publications alone insufficient; lacked demonstrated role securing funding or generating field impact.

Nurse practitioner sought NIW for EB-2. Petitioner claimed national importance based on occupation's overall value and COVID-19 pandemic, plus conference attendance and multilingual background. AAO dismissed, finding benefit to individual patients and local conference attendance insufficient to establish national importance; endeavor must have broader implications beyond current employment.

A singer sought EB-1A extraordinary ability classification, claiming seven criteria. The AAO found three criteria met (awards, published material, judging), satisfying the threshold, but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of the field.

A graduate student in architecture sought an EB-2 exceptional ability classification with a national interest waiver. The AAO held that the salary and recognition criteria were unmet, since scholarships were not shown to be remuneration or significant recognition. Without three criteria, waiver analysis was not reached and the appeal was dismissed.

Chinese dentist and research center director sought EB-1A extraordinary ability classification. Met judging and scholarly article criteria but AAO found only two of three required criteria established. Final merits analysis concluded petitioner lacks sustained national or international acclaim and is not among small percentage at top of dental field.

SAP planning specialist employed by biopharmaceutical manufacturer claimed four additional criteria beyond two initially found met. AAO rejected awards, membership, and high salary findings; rejected final merits step finding insufficient sustained acclaim or position at top of field.

Dentist and entrepreneur seeks NIW for dental implantology research and treatment. AAO held proposed endeavor lacks national importance because it benefits only the petitioner's patients and employer without broader implications for U.S. workforce or economy, thus denying NIW eligibility.

A mechanical engineering professor from Nigeria claimed extraordinary ability through judging, scholarly articles, and critical roles. The AAO found he met three initial criteria but lacked evidence of sustained national or international acclaim or placement among the small percentage at the very top of his field.

Software developer seeks NIW for web system design and development. AAO held while software development has substantial merit, work lacks national importance because it benefits only employer and its users without broader impact on IT field or U.S. economy through job creation or economic effects.

A geriatric nurse with an advanced degree sought national interest waiver of labor certification. She qualified for EB-2 advanced degree status but failed to establish national importance: her patient care, manuals, and lectures lacked documentary evidence of broader impact beyond her individual patients and facility.

A weightlifter with exceptional ability seeks NIW for EB-2. AAO dismissed appeal because petitioner failed to provide specific proposed endeavor at filing; general intent to work in weightlifting lacks national importance and substantial merit as required.

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

An entertainment agent petitioned for a musician and composer under the O-1 classification for extraordinary ability in the arts. This is O-1B, not O-1A. After a denial and a dismissed appeal, the agent moved to reconsider. The AAO dismissed the motion because no incorrect application of law or policy was shown.