Published AAO appeal decisions

Engineer with 20 years water systems experience seeks NIW to expand his consulting company offering engineering services for water infrastructure. AAO dismissed appeal because proposed endeavor lacks national importance despite working in critical field; benefits do not extend beyond his company.

A fitness and wellness coordinator, formerly a professional soccer player, sought an EB-2 exceptional ability classification and a national interest waiver to run a children's health consulting and training company. The AAO withdrew the earlier exceptional ability finding because none of the claimed criteria were met, and reserved the Dhanasar prongs.

Culinary writer and social media content developer self-petitioner met only published material criterion; failed to meet three criteria required for extraordinary ability. AAO dismissed because high salary claim lacked comparative data and commercial success claim did not fit performing arts sales standard; prior O-1 approval did not bind I-140 review.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

Doctoral candidate in medical research seeking EB-2 NIW for developing medical devices for organ preservation and hypoxia treatment. AAO found first prong met but dismissed, finding petitioner not well-positioned to advance endeavor due to lack of Ph.D. at filing and insufficient connection of prior research to proposed medical device work.