Published AAO appeal decisions

English language arts teacher seeking NIW for EB-2 advanced degree classification. Claimed national importance through educational innovation and research at correctional facility. AAO held proposed endeavor lacks national importance; impact remains localized to students and employer, lacking broader field implications required by Dhanasar.

Financial manager seeking EB-2 with national interest waiver. Claimed endeavor in financial consulting has substantial merit but lacks national importance as required by Dhanasar first prong. AAO affirmed dismissal because proposed work would only benefit specific clientele, not impact industry or economy broadly.

Construction tradesman sought NIW for occupational health and safety consulting. AAO dismissed appeal because repeated material misrepresentations about the proposed endeavor vitiated eligibility, and even setting those aside, the endeavor lacked national importance and petitioner was not well positioned to advance it.

Nuclear medicine technologist and medical physicist seeking NIW for EB-2 classification to pursue diagnostic medical physics residency and self-employment. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed endeavor and that waiver would benefit the United States, though substantial merit was established.

Pharmacist seeking NIW for advanced-degree EB-2. Claimed telepharmacy and medication delivery innovation endeavor demonstrates substantial merit addressing health disparities. AAO found substantial merit established but rejected national importance of petitioner's specific endeavor versus general field importance. Appeal dismissed.

A dentist seeking EB-2 NIW as entrepreneur failed to establish five years progressive post-baccalaureate experience through employer letters and failed to submit required labor certification form. Appeal dismissed on independent alternative grounds without reaching NIW analysis.

A physical therapist sought EB-2 NIW. Qualified for underlying EB-2 as advanced degree professional. Claimed innovative rehabilitation methods and insoles but lacked objective documentation. Specific endeavor lacks national importance; general patient care does not reach necessary impact level.

A fashion designer and entrepreneur claimed extraordinary ability through five criteria. The AAO found only two criteria met (published material and judging), concluded she did not meet the threshold of three criteria, and found insufficient sustained acclaim for the elite classification sought.

Construction estimator seeking EB-2 NIW claimed proposed construction firm would address infrastructure and affordable housing. AAO held the specific endeavor lacks national importance because the record does not establish substantial positive economic effects beyond the petitioner's company and clients.

A musician sought EB-2 classification with national interest waiver. The petitioner claimed exceptional ability but failed to meet three of six regulatory criteria. The AAO found membership in Brazilian Musicians Association insufficient and contributions limited to personal performing and one education tool, lacking field-wide impact.

A mechanical engineer seeks EB-2 national interest waiver to work as construction manager in oil and gas sector. The AAO found substantial merit but no national importance, as the work lacks prospective impact beyond the employer and clients to broader industry implications.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

A personal financial advisor sought EB-2 with national interest waiver under Dhanasar framework. The AAO affirmed dismissal because the petitioner failed to establish substantial merit and national importance of the proposed endeavor, offering only generalized assertions about attracting investment and supporting clients without showing broader field or national impact.

Cancer research scientist sought EB-1A classification based on extraordinary ability. Petitioner claimed membership and original contributions criteria in addition to judging and scholarly articles already found met. AAO affirmed membership criterion was not satisfied and original contributions lacked required major significance. Overall, evidence did not demonstrate sustained acclaim or placement at the very top of the field.

Swimmer self-petitioner sought EB-1A extraordinary ability classification. Met three initial criteria but AAO affirmed dismissal, finding no sustained national or international acclaim; personal best times ranked outside top tier of global swimmers; national records insufficient to demonstrate top-tier recognition.

A business data engineer sought extraordinary ability classification, claiming several evidentiary criteria after the service center found none met. The AAO accepted the judging criterion but found membership and original contributions unmet. It dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

A micropigmentation makeup artist sought extraordinary ability classification in the arts. After an earlier summary dismissal of the appeal, she filed combined motions to reopen and reconsider. The AAO dismissed them because no new fact showed the appeal had identified a specific error, and no misapplied law or policy was shown.

Self-employed photographer sought EB-2 with national interest waiver. AAO found petitioner met only one of six exceptional ability criteria (academic degree), failing to establish three required criteria. Because underlying EB-2 qualification not established, Dhanasar waiver analysis not reached.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

Senior project manager in business management claimed extraordinary ability under EB-1A. Petitioner met judging and high salary criteria but failed awards, membership, and original contributions criteria. AAO dismissed appeal because petitioner satisfied only two of the required three alternate criteria and lacked sustained national or international acclaim.

An entrepreneur without demonstrated advanced degree equivalent sought EB-2 classification as general operations manager for soccer club or events business. AAO dismissed appeal, finding petitioner failed to establish EB-2 eligibility and therefore could not qualify for NIW, without reaching Dhanasar prongs.

Sales representative with advanced degree seeks NIW. Petitioner resubmitted RFE response without addressing Director's grounds for denial. Appeal summarily dismissed under procedural rule because petitioner failed to identify specific erroneous conclusions of law or fact.

Software developer sought EB-2 with national interest waiver. Claimed software engineering work for US company had substantial merit and national importance. AAO held proposed endeavor lacked specificity and national importance; no prospective impact beyond employer and clients; first prong of Dhanasar failed.

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

A self-petitioner researcher in geospatial information management sought an NIW as an advanced degree professional. The AAO affirmed denial, finding she demonstrated substantial merit and was well-positioned but failed to establish the national importance of her proposed research as required by Dhanasar's first prong.