Published AAO appeal decisions

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.

Art history professor and researcher claimed extraordinary ability under EB-1A. Met three initial criteria: published material, judging, and scholarly articles. AAO dismissed on final merits, finding insufficient evidence of sustained national or international acclaim or placement among the small percentage at the very top of the field.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

Technology company petitioned for senior director in customer experience as EB-1A extraordinary ability. Employer established at least three evidentiary criteria, but AAO found limited, recent evidence does not demonstrate sustained acclaim or placement among small percentage at top of field; appeal dismissed.

Graphic designer seeks NIW classification. Proposed multiple inconsistent endeavors including consulting, training, nonprofit work, and design roles. AAO found petitioner shifted plans and failed to provide consistent, coherent, specific description supported by independent evidence. Appeal dismissed.

Chemical engineering graduate student seeks NIW for research designing materials for PFAS water purification. AAO found first prong met but rejected second prong, concluding citations and publications alone insufficient to show field influence and well-positioning.

A cloud engineer sought extraordinary ability classification through five criteria. The AAO affirmed that she met only two criteria (judging and scholarly articles), did not meet the threshold of three required criteria, and lacked demonstrated sustained acclaim for the elite classification.

A systems engineer sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the petitioner failed to establish the national importance of the proposed consulting endeavor under the first Dhanasar prong, with broad claims and formulaic support letters lacking credibility.

An investment officer in the financial industry sought extraordinary ability classification, claiming awards, published material, leading roles, high pay and original contributions. The AAO withdrew the awards finding because only company awards were shown, left three criteria met, then dismissed the appeal for lack of sustained acclaim or top-of-field standing.

The petitioner is a chief executive and co-founder of a food technology company who sought extraordinary ability classification, claiming eight criteria. The service center accepted two, and he contested six on appeal. The AAO dismissed because he did not satisfy three criteria, and it did not reach the final merits.

Clinical pharmacologist employed by biopharmaceutical company met three initial evidentiary criteria but lacked sustained national or international acclaim demonstrating placement among the very top of field in pharmacokinetics and pharmacodynamics; appeal dismissed on final merits.

Pilot sought EB-2 national interest waiver for aviation training endeavor. AAO found proposed work has substantial merit but lacks national importance under Dhanasar's first prong. Letters of support insufficient; no evidence of broader industry impact or substantial positive economic effects. Second and third prongs not reached.

A life sciences and digital solutions executive met three initial EB-1A criteria but failed the final merits determination. The AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work to demonstrate extraordinary ability in the field.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.

A public diplomacy professional claimed seven extraordinary ability criteria but met only membership. AAO dismissed the appeal, finding petitioner satisfied only one initial criterion and did not reach final merits, as threshold requirements were not met.

Commercial bank manager with 30 years experience sought EB-2 NIW classification under Dhanasar framework. AAO affirmed that proposed endeavor, though substantially meritorious, lacked national importance. Evidence showed company sales projections and job creation at 16 employees but failed to demonstrate substantial positive economic effects at national level required by Dhanasar.

Advanced degree professional in aviation safety sought NIW for endeavor providing safety training and consultancy to airlines. AAO found no demonstrated national importance: articles on aviation safety importance insufficient; petitioner failed to show specific endeavor methods would have national implications or create substantial U.S. economic impact. Appeal dismissed.

Management analyst with advanced degree sought EB-2 national interest waiver for endeavor improving financial services in underserved areas. AAO found substantial merit but insufficient national importance; impact was not shown to extend broadly to industry level, so dismissed the appeal.

Pharmacist seeking extraordinary ability classification in business based on plan to launch online pharmaceutical safety company. AAO found three criteria met but concluded totality of record lacks sustained national or international acclaim or evidence of top-tier status required for EB-1A.