Published AAO appeal decisions

A tattoo artist claimed extraordinary ability under EB-1A. The AAO found he did not meet three of ten criteria including awards, membership, and judging. The AAO dismissed the appeal because the petitioner lacks sustained national or international acclaim required for the highly restrictive classification.

Entrepreneur and financial expert sought EB-2 NIW for business valuation and marketing venture. AAO held proposed endeavor, though addressing retirement and economic growth, lacks national importance; unsupported assertions and lack of specific prospective impact failed Dhanasar prong one.

Lawyer with advanced degree sought EB-2 national interest waiver for renewable energy law practice. Director found substantial merit but denied national importance; AAO affirmed. Petitioner conflated importance of renewable energy field with importance of his specific proposed legal services. Lacked objective corroborating evidence of national impact. First prong failed; second and third prongs not reached. Dismissed.

Elementary school teacher sought EB-1A extraordinary ability classification. Claimed original contributions, scholarly articles, and high salary. AAO found only scholarly articles criterion met, falling short of the three required to proceed to final merits determination. Appeal dismissed.

Financial planner and analyst sought NIW with advanced degree. Proposed company providing financial planning to small and medium-sized businesses. AAO found endeavor substantially meritorious but lacking national importance; benefits confined to direct clients without broader field or economic implications required by Dhanasar. Second and third prongs reserved.

Health and safety specialist sought EB-2 exceptional ability and NIW based on proposed safety app development. Service Center found exceptional ability met three criteria but no degree of expertise significantly above field. AAO held proposed endeavor lacks national importance: app benefits only petitioner's employer and clients, not broader industry or public; field importance does not equal endeavor importance.

A journalist with a master's degree sought EB-2 classification with a national interest waiver to establish an institute on U.S.-European relations and countering disinformation. The AAO dismissed the appeal, finding the petitioner failed to meet the third Dhanasar prong: while U.S. would benefit from contributions, the petitioner did not show impracticality of securing a job offer, labor certification, or sufficient urgency.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

A ballroom dance choreographer claimed five evidentiary criteria for extraordinary ability, already meeting two. The AAO upheld denials for awards lacking national or international recognition, membership not judged by recognized experts, and salary not shown high relative to the field. With only two criteria met, the petition was dismissed without final merits review.

Criminal defense lawyer in Brazil sought EB-1A extraordinary ability classification. AAO held he met only one of three required alternative criteria (published material); original contributions and scholarly articles not established; overall evidence insufficient for sustained national or international acclaim.

Self-petitioner logistician proposes founding supply chain resilience business with focus on job creation and economic impact, claims headquarter location in Pennsylvania economically distressed area. AAO dismissed because petitioner failed to establish national importance; undefined specific location prevents assessing whether economic effects target depressed regions; unreliable financial projections.

A systems engineer in education technology sought extraordinary ability classification for developing an e-learning platform. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required criteria and failed to establish original contributions of major significance in the field.

A general and operations manager sought EB-1A extraordinary ability classification, claiming six criteria. The AAO found he satisfied only the leading or critical role criterion but failed awards, membership, judging, and high salary criteria. The decision dismissed the appeal, finding no sustained national or international acclaim or top-tier field status.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Electrical engineer seeking EB-2 with national interest waiver. Claimed advanced degree based on bachelor's plus five years foreign experience and proposed AI-driven manufacturing modernization. AAO dismissed because foreign employment documentation was insufficient and proposed endeavor lacked demonstrated national importance beyond local economic activity.

An accountant seeking advanced degree classification proposes to provide financial consulting targeting startups in regulatory compliance and tax planning. The AAO dismissed the appeal because the petitioner failed to establish national importance through specific evidence of substantial economic effects, regional or national job creation impact, or broader field influence.

Computer science researcher sought EB-2 NIW. Petitioner qualified as advanced degree professional and proposed AI and mental health research. AAO dismissed, finding petitioner not well-positioned under Dhanasar prong two; publication and citation rates unexceptional relative to field, and insufficient evidence of progress or sustained interest in proposed endeavor.

Commercial photographer seeking EB-1A extraordinary ability classification. Claimed six evidentiary criteria. AAO dismissed appeal, finding none met: memberships lack proper standards, published materials are promotional rather than substantive coverage, exhibitions not qualifying, and no leading critical roles. Does not demonstrate sustained acclaim or top-tier status.

Data engineer seeking EB-2 with national interest waiver. Established substantial merit of endeavor but not national importance. AAO affirmed dismissal, finding applicant did not demonstrate how employment would reach national importance or provide substantial positive economic effects.

A barber and entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed the service center's denial, finding the petitioner failed to establish national importance of his proposed barber business ventures, which lacked substantial positive economic effects beyond local impact.

Brazilian lawyer and business owner claims EB-1A extraordinary ability based on legal practice and labor reform publications. AAO held she failed to meet three required criteria; awards lack field-specific recognition and comparative salary data absent for self-employed practitioners.

IT manager of exceptional ability sought EB-2 NIW. AAO affirmed failure to establish underlying EB-2 exceptional ability classification (missing three regulatory criteria) and held proposed endeavor lacks national importance; first Dhanasar prong unmet, waiver denied.

Business consultant proposed consulting company with focus on sustainable practices and support for minority-owned businesses. Petitioner failed to demonstrate national importance despite alignment with government priorities; services appeared limited to individual businesses without evidence of broader field-wide impact.

Hairstylist seeking EB-1A classification based on extraordinary ability. Claimed six criteria across salon work and styling innovation. AAO dismissed because petitioner satisfied fewer than three criteria; evidence concentrated in short time period and limited geography without sustained national or international recognition.

Journalist sought EB-1A extraordinary ability. Claimed four criteria; established only two: judging and leading critical role. Awards insufficient documentation; no evidence of national recognition. High salary claim lacked comparable industry data. Failed to meet three-criterion threshold for final merits analysis.