Published AAO appeal decisions

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.

An executive for a news organization in China petitioned for EB-1A extraordinary ability classification. She claimed four criteria: published material, judging, scholarly articles, and leading roles. The AAO found three criteria met but determined the totality of evidence failed the final merits test for sustained acclaim at the very top of the field, dismissing the appeal.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.

An intercultural communication assistant professor claimed five EB-1A criteria. The AAO found judging and scholarly articles met, but awards and original contributions failed; only two criteria satisfied. Because threshold initial evidence requirements were not met, the appeal was dismissed without final merits analysis.

An agribusiness CEO sought EB-2 with national interest waiver. The AAO dismissed a motion to reconsider, affirming that the petitioner failed to establish national importance because his updated business plan remained uncorroborated and lacked evidence of broader field implications beyond his clients.

A journalist and editor sought EB-1A extraordinary ability classification. The Service Center denied the petition for failing to meet three of ten criteria. The AAO dismissed successive appeals and a motion to reconsider. On the current motion to reopen, the petitioner cited administrative disruptions preventing document procurement but provided no new facts pertinent to the prior decision, so the motion was dismissed.

Ballroom dance choreographer claimed extraordinary ability under EB-1A. Met three of ten initial evidentiary criteria including published material, judging, and leading roles. AAO dismissed appeal finding petitioner did not demonstrate sustained national or international acclaim placing him among the very top of his field.

CEO and founder of rapeseed oil company in China claimed extraordinary ability, asserting four criteria. AAO found two criteria met but two not met, failing three-criterion threshold. Final merits not reached. Appeal dismissed.

Postdoctoral research scientist in pharmaceutical sciences claimed three evidentiary criteria, all met at initial stage. AAO upheld dismissal because evidence of peer review, citations, and articles did not establish sustained national or international acclaim or placement among the very top of the field as required.

Petitioner sought EB-2 national interest waiver. Motion to reconsider argued prior AAO decision misapplied the Dhanasar framework and evidentiary standards. AAO dismissed because petitioner merely reargued facts already considered and failed to identify specific legal or policy errors in the prior decision.

A petroleum engineer with master's degree in sustainable energy sought NIW for EB-2, planning to join an oil-gas company or establish a consulting firm. The AAO dismissed appeal after finding proposed endeavor in energy optimization and well integrity lacks national importance. Alignment with federal energy priorities and professional qualifications insufficient without concrete prospective impact.

Marketing manager in digital commerce sought EB-1A extraordinary ability classification. AAO affirmed SCOPS denial, finding petitioner satisfied only two criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

A construction manager in transportation infrastructure sought EB-1A extraordinary ability classification. He claimed to meet judging, high salary, and leading role criteria. AAO found judging criterion met and remanded salary criterion analysis, but concluded he failed to demonstrate the three required criteria and thus lacked extraordinary ability.

A powerlifting coach claimed extraordinary ability under EB-1A, meeting three initial criteria. The AAO found he failed to demonstrate sustained national or international acclaim or placement among the very top of his field because his judging experience lacked prestige, his published articles received no citations, and his accomplishments were insufficiently documented.

A global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

An IT specialist and entrepreneur sought NIW for enterprise architecture and SAP transformation advisory services. AAO dismissed because the applicant failed to demonstrate national importance of the specific proposed endeavor; lack of evidence corroborating job creation projections and economic impact claims.

Sustainable design consultant with experience in architecture and urban planning seeks to transform U.S. urban housing through sustainable, recycled materials like shipping containers. Claimed endeavor has national importance. AAO dismissed appeal, finding endeavor lacks demonstrated national importance and broader field implications required by Dhanasar.

A computer scientist with Ph.D. in STEM sought EB-2 national interest waiver for research endeavor. The AAO dismissed, finding he failed the second Dhanasar prong. Though his Ph.D. and publications were favorable factors, he lacked consistent independent research funding or demonstrated government interest to advance his proposed endeavor.

Entrepreneur and operations manager proposing eco-friendly swimwear manufacturing and distribution business claiming national interest waiver. AAO dismissed appeal, finding endeavor lacks national importance; sustainability claims vague and speculative, niche market focus insufficient for material influence on industry or economy at national scale.

Film producer petitions for EB-1A extraordinary ability. SCOPS found four criteria met but denied for insufficient sustained acclaim at top of field. AAO dismissed, finding only one criterion (judging) actually met and threshold not satisfied.

Occupational health professional appealed NIW denial under Dhanasar framework. AAO affirmed that while proposed endeavor had substantial merit, petitioner failed to establish its national importance. Consulting business lacked sufficiently specific prospective national impact and significant potential to employ U.S. workers or generate substantial economic effects. Appeal dismissed.

An employer petitioned for a national interest waiver for an EB-2 advanced degree professional working on sustainable semiconductor lithography systems. The AAO agreed with SCOPS that while the beneficiary's work has substantial merit, the petitioner failed to demonstrate its national importance; benefits limited to specific employer and field importance alone do not satisfy the first Dhanasar prong.

A computer information systems professional proposed modernization services to small and medium enterprises. The AAO held the endeavor lacks national importance under Dhanasar; services to direct clients alone do not establish broader field impact or global implications needed for national importance. Appeal dismissed.