Published AAO appeal decisions

Senior vice president of real estate and interior design company seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of real estate development and interior design services. AAO found substantial merit but no national importance; work lacks sufficient economic impact or broader field implications warranting national interest waiver.

Mechanical engineering researcher sought EB-2 national interest waiver for postdoctoral research position in aerospace technology. Qualifies as advanced degree holder but failed to establish national importance of proposed endeavor. Record did not demonstrate how technology advances broader field or has meaningful economic implications.

Labor relations consultant sought NIW for EB-2 as individual of exceptional ability. AAO withdrew Service Center approval of EB-2 eligibility, finding insufficient evidence of advanced degree equivalent and required progressive work experience, rendering Dhanasar analysis unnecessary.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

Self-petitioning pilot seeks NIW as EB-2 advanced degree or exceptional ability professional. Failed to qualify for underlying EB-2 classification (only two of six criteria met). AAO dismissed; pilot work as proposed lacks substantial merit and national importance; endeavor insufficiently documented and explained.

Civil engineer sought EB-2 national interest waiver for residential construction business venture. Director found petitioner qualified as advanced degree holder but waiver failed. AAO agreed petitioner did not establish national importance under Dhanasar first prong; construction work lacked broader field implications.

A business operations specialist seeks NIW for EB-2. AAO dismissed because petitioner failed to establish U.S. equivalency of foreign education and five years post-baccalaureate experience, thus failing underlying EB-2 qualification; Dhanasar analysis reserved as unnecessary.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A martial arts athlete competing in karate sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he satisfied only two of three required criteria: judging and one other. Awards lacked national recognition; national team membership evidence was inconsistent regarding selection rigor.

A professional with advanced degree sought national interest waiver for EB-2. The petitioner's motions to reopen and reconsider were dismissed because insufficient new evidence was presented. The AAO affirmed that letters of support and industry evidence did not establish the specific proposed endeavor had national importance under Dhanasar's first prong.

Film actress sought EB-1A extraordinary ability classification. Petitioner claimed awards, published media, exhibitions, critical roles, and commercial success. AAO found only two criteria met and rejected others; determined petitioner lacks sustained acclaim and does not rank among the very top of the field.

An IED disposal officer sought EB-2 NIW claiming expertise in security and real estate investment. The AAO dismissed because the applicant failed to specify the actual endeavor; vague references to possible government consulting or residential real estate investment lacked concrete detail needed to assess national importance.

Self-employed IT professional seeking EB-2 with NIW based on incomplete bachelor's degree and entrepreneurial experience. Claimed advanced degree eligibility but provided no official academic records or transcript. Failed to document bachelor's degree completion or five years progressive post-baccalaureate experience. NIW analysis not reached because underlying EB-2 qualification not established.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A financial manager claiming advanced degree and NIW proposed to provide financial services to U.S. companies and individuals. The AAO affirmed dismissal, holding the endeavor lacked national importance and would not impact the finance field broadly despite industry importance.

Director of photography sought EB-1A extraordinary ability classification. Petitioner worked on award-winning films screened at festivals and held O-1 nonimmigrant status. AAO found criterion regarding artistic exhibitions satisfied but rejected claims regarding awards as petitioner lacked personal receipt of nationally recognized prizes, and found overall evidence insufficient for extraordinary ability.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

A marketing and communications professional claimed seven initial criteria for extraordinary ability but failed to submit a required appellate brief identifying specific errors in the four-page denial decision. The AAO summarily dismissed the appeal for lack of specificity, as petitioner made only general assertions without identifying contradictory evidence or explaining how evidence overcame stated grounds for denial.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

A petitioner proposed unspecified scientific activity and vendor machine development. The AAO dismissed the appeal because the proposed endeavor lacked sufficient specificity and clarity regarding substantial merit and national importance under Dhanasar's first prong.

Independent filmmaker from Zimbabwe seeking extraordinary ability classification. Met four initial evidentiary criteria: awards, published material, judging, and artistic display. AAO dismissed on final merits, finding petitioner respected domestically but lacking sustained national or international acclaim and not at very top of field required for classification.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.