Published AAO appeal decisions

An attorney proposed work as a professional mediator through her own company. The AAO dismissed the appeal, holding the applicant failed the first prong because individual mediation services lacked national importance; she provided no expert evidence showing field-wide impact or connection to national initiatives.

A public health specialist seeking EB-2 national interest waiver proposed tuberculosis control research and care optimization in California. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance because proposed work involves localized patient care without broader field-wide implications.

A mechanical engineer with Ph.D. equivalent seeks EB-2 national interest waiver for research improving fault diagnosis and predictive maintenance in heavy machinery. The AAO dismissed because the petitioner demonstrated substantial merit but failed to establish national importance, submitting only general background articles without sufficient evidence of prospective national-level impact.

A self-petitioning business owner sought a national interest waiver with EB-2 classification. After the denial, appeal and earlier motions were dismissed, she filed a motion to reopen. The AAO dismissed it because it offered no new facts backed by documents addressing the prior dismissal, and the merits of the waiver were not reached.

An enterprise software professional specializing in supply chain architecture sought EB-1A classification. The service center accepted that the initial evidentiary requirements were met. The AAO dismissed the appeal, holding the totality of the evidence did not show sustained national or international acclaim or top-of-field standing. The excerpt leaves the status of some individual criteria uncertain.

Entrepreneur in teambuilding and business development sought EB-2 NIW to establish consulting firm. AAO found endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate prospective impact extending beyond individual consulting services to show substantial economic effects or broader field implications.

Computer security researcher sought EB-2 NIW to continue research on software security tools for consumer devices and services. AAO found endeavor has substantial merit but not national importance; evidence focused on petitioner's qualifications and field importance rather than proposed endeavor's prospective impact beyond employer.

AI researcher sought EB-2 NIW classification claiming exceptional ability. AAO dismissed appeal, finding petitioner met only two of three required criteria for exceptional ability: official academic record and professional association membership, but not recognition for achievements and significant contributions in AI field.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.

An electrical engineer sought NIW for work in renewable solar energy. AAO agreed with USCIS that the proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong. Petitioner failed to demonstrate specific methodologies, unique advances, or prospective impact beyond his employer. Appeal dismissed without reaching remaining Dhanasar prongs.

Managing director in financial services risk management seeks EB-1A classification. Six of seven claimed initial criteria met but appeal dismissed in final merits analysis. Record shows noteworthy accomplishments but insufficient evidence of sustained national or international acclaim at very top of field.

Petroleum reservoir and production engineer with expertise in hydraulic fracturing and pressure transient analysis claims extraordinary ability. Met five initial evidentiary criteria, exceeding three-criterion threshold. However, AAO found insufficient evidence of sustained national or international acclaim or elite accomplishment level required for extraordinary ability classification.

A financial director and entrepreneur with an advanced degree in finance sought NIW for work as finance director at a used car dealership. The AAO found her original endeavor lacked substantial merit and national importance due to vague descriptions and generic claims about economic benefits without specific, prospective impact evidence.

An occupational health and safety specialist appealed denial of EB-1A classification. The petitioner met criteria for judging and scholarly articles but failed to establish other claimed criteria. The AAO affirmed that the totality of evidence did not demonstrate sustained national or international acclaim or placement among the small percentage at the top of the field, dismissing the appeal.

A soil science researcher claimed extraordinary ability based on judging, scholarly articles, and original contributions. AAO upheld denial, finding only two criteria met. Original contributions rejected because publication in ranked journals and citation metrics alone do not establish major significance in the field without broader field recognition.

Legal researcher and lecturer in human rights law claimed six criteria; USCIS found four met. AAO affirmed four criteria were satisfied but held applicant failed final merits analysis, finding insufficient sustained acclaim and failure to demonstrate position among very top of field.

An electrical engineer with an advanced degree sought NIW for employment-based second preference. The AAO dismissed the appeal, holding that her proposed research in GaN-based power electronics for EV charging lacked the requisite national importance under Dhanasar; benefits to specific employers and vague assertions of potential impact were insufficient.

Biomechanical engineer and researcher claiming NIW for EB-2 with proposed endeavor in cell therapy and biomaterials. Substantial merit found but national importance not established; prospective impact not attributed to petitioner or shown to have prospective economic effect. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW classification for homecare business. The petitioner demonstrated substantial merit but failed to establish national importance under Dhanasar. The AAO found the business lacked evidence of substantial positive economic effects or broader field impact beyond limited client and employee benefits, declining to analyze the remaining NIW prongs.

An entomology professor with a Ph.D. in medical entomology seeks an EB-2 national interest waiver for research on German cockroach insecticide resistance. AAO held the proposed endeavor lacks the specific detail, novelty, and documented potential for broad impact required to establish national importance under Dhanasar's first prong.

Dog food chef and luxury pet boutique co-owner sought EB-2 national interest waiver. AAO affirmed USCIS denial, finding petitioner's dog food business lacks national importance despite business awards and customer letters. Business does not extend beyond its clients to impact broader economy, industry, or American public welfare.

Labor relations expert and entrepreneur seeks EB-2 with national interest waiver for consulting firm. AAO found substantial merit but no national importance because impact limited to individual client organizations, not broader field or economy. Appeal dismissed on first Dhanasar prong.

An environmental scientist satisfied three evidentiary criteria but failed the final merits test. The AAO held recent awards and memberships lacked sustained national or international acclaim and did not demonstrate he ranked among the very top in the field, so the appeal was dismissed.

Physical therapy researcher with advanced degree seeking NIW. Claimed citation prominence and research impact demonstrated well-positioning. AAO held second prong failed because no institutional commitment evidenced, citation records alone insufficient, and no demonstrated employer or stakeholder interest despite stated intentions.