Published AAO appeal decisions

A data scientist self-petitioner claimed extraordinary ability under EB-1A. AAO dismissed because petitioner did not satisfy three regulatory criteria; scholarly articles criterion was withdrawn, leaving only two criteria met, and record lacks evidence of sustained acclaim at field's top.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

Postdoctoral physics associate claimed extraordinary ability based on judging, original contributions, and scholarly articles. AAO affirmed dismissal: although three initial evidentiary criteria were satisfied, final merits analysis showed petitioner lacked sustained national or international acclaim and demonstrable expertise placing him among top of field.

Self-petitioner, data scientist and entrepreneur, claimed national interest waiver for EB-2 self-employment in data consultancy. AAO held proposed endeavor lacked sufficient evidence of national importance because it would not impact the field broadly or provide substantial economic effects beyond serving individual clients.

A process engineering project manager seeks an NIW for EB-2 classification. He claimed his proposed endeavor optimizing financial processes has national importance. The AAO affirmed the director's finding that the record lacks evidence of national importance; his work describes typical project management duties without prospective impact rising to national level.

A CEO and entrepreneur self-petitioner claiming national interest waiver under EB-2. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it offered only localized client benefits without broader implications, job creation potential, or substantial economic effects required by Dhanasar framework.

A data engineer and analyst sought EB-2 with national interest waiver for an AI-based health platform. The AAO found substantial merit but dismissed because the proposed endeavor lacked sufficient evidence of national importance; business projections alone without demonstrated broader field impact do not meet Dhanasar's first prong.

A legal consultant sought EB-2 national interest waiver for paralegal and legal consulting work. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite petitioner's fifteen years of experience, as no documentation showed prospective impact or economic effects at national level.

An e-commerce entrepreneur with advanced degree sought EB-2 NIW classification. Director found substantial merit but no national importance. On appeal, petitioner argued national importance through dropshipping technique dissemination but provided insufficient evidence of prospective impact beyond his specific company.

Economic development professional with master's degree sought EB-2 NIW. Proposed endeavor: developing international expansion strategies for SMEs in Latin American trade. AAO upheld denial, finding substantial merit but no national importance; evidence about field importance did not establish prospective impact of specific endeavor on SMEs, trade volume, or economy.

A human resources professional sought national interest waiver for HR consulting services to small and medium businesses. The AAO found the endeavor has substantial merit and the petitioner qualifies as advanced degree professional, but the record lacks evidence of national importance, showing only benefits to direct clients.

An entrepreneur with advanced degree sought NIW for self-employment operating accounting and financial consulting firm. AAO dismissed because proposed endeavor lacked national importance; business plan and job creation projections did not demonstrate regional or national impact.

Operation manager in food retail sought EB-2 classification as individual of exceptional ability with NIW. AAO held she failed to demonstrate exceptional ability by meeting at least three evidentiary criteria, and therefore did not establish underlying EB-2 eligibility; Dhanasar prongs not addressed.

Interior designer on student visa sought EB-2 NIW under advanced degree or exceptional ability. AAO dismissed appeal, finding petitioner failed underlying EB-2 qualification; degree did not meet four-year requirement, experience evidence insufficient, and exceptional ability criteria unsatisfied; NIW not addressed.

Flight instructor with ratings from four countries seeking EB-2 and national interest waiver. Petitioner met three exceptional ability criteria and underwent final merits determination. AAO affirmed denial, finding petitioner's training work does not have prospective impact rising to national importance under Dhanasar framework.

Project manager sought EB-2 NIW for asset management consulting business serving small and medium businesses. AAO found substantial merit in endeavor but no national importance; evidence of industry shortage and professional network support did not establish prospective impact beyond individual clients or substantial employment or economic effects.

Tourism industry consultant sought EB-2 with NIW. AAO held petitioner established EB-2 eligibility as advanced degree professional with substantial merit for proposed endeavor but failed to show national importance; consulting services lack broader implications beyond specific clients.

An entrepreneur seeking EB-2 with national interest waiver for a consulting firm providing channel management and sales force effectiveness services. AAO affirmed dismissal because petitioner failed to establish national importance despite having substantial merit; claimed job creation and economic benefits were not adequately documented as substantially exceeding typical small business operations.

Architect seeking NIW for EB-2 to work as project manager in civil engineering and construction. Petitioner claimed endeavor would provide substantial economic benefits through labor, materials, and employment. AAO held endeavor lacks national importance; generic industry reports insufficient; no empirical projections demonstrate national-level economic effects.

A systems engineer self-petitioner seeking EB-2 classification with national interest waiver. The AAO dismissed, finding although the endeavor had substantial merit and the petitioner qualified as an advanced degree professional, it lacked national importance because the work would not impact the field broadly or generate measurable economic benefits beyond his employer.

A petitioner proposes to provide consulting and marketing services to automotive companies to improve profitability and processes. AAO held the proposed endeavor lacks national importance because submitted articles address industry importance, not the specific endeavor's national or global impact, and petitioner failed to demonstrate benefits rising to national significance.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Financial manager sought EB-2 with national interest waiver for proposed financial consultancy services company. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient detail on business plans or how services would achieve scale necessary for substantial positive economic effects.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

Financial manager sought EB-2 with national interest waiver to provide administrative and financial advice to small and medium businesses affected by COVID-19. AAO dismissed, finding the endeavor lacks national importance and petitioner was not well positioned to advance it.