Published AAO appeal decisions

Software and systems architect in autonomous vehicle technology sought NIW. AAO dismissed because although the field has national importance, the petitioner failed to show his specific proposed work would impact the industry broadly; benefits to employer and business partners alone do not satisfy national importance.

A chemical engineer in nondestructive testing claimed extraordinary ability under EB-1A, asserting four criteria beyond the initial set. The AAO affirmed denial, finding membership not established, original contributions not evidenced, leading role lacking sufficient detail, and other criteria unmet. Appeal dismissed.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

Communications specialist and marketing entrepreneur sought NIW via self-owned company (10% ownership) and food-beverage employer role. AAO dismissed, holding petitioner failed to show national importance of specific endeavor despite claims of economic contribution. Industry importance and job creation insufficient.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

An IT business analyst seeks an EB-2 NIW to operate an identity management consulting startup as CEO. The AAO dismissed, finding the proposed business lacks national importance despite its competent leadership and valuable client services.

A music composer sought extraordinary ability classification. The service center accepted published material and leading or critical role, and the appeal contested awards and display of work. The AAO dismissed it because only two criteria were met, fewer than the three needed, and reserved the final merits determination.

Entrepreneur with advanced degree seeking EB-2 NIW for sustainable agriculture business development. AAO affirmed denial because proposed endeavor lacks national importance despite substantial merit. Job creation and economic projections insufficient without supporting evidence of broader prospective impact.

Social entrepreneur assisting artisans in Pakistan seeking EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria but met only one. AAO held petitioner did not satisfy minimum three criteria required; appeal dismissed without final merits determination.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Entrepreneur in business and immigration investment sought EB-1A extraordinary ability classification. Claimed six criteria including published material, original contributions, and scholarly articles. AAO found published material deficient due to missing metadata and post-filing dates, original contributions lacked evidence of major field significance, and petition failed to meet three-criterion threshold for final merits analysis.

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.

An accountant and business operations manager claims extraordinary ability and seeks EB-1A classification. She claimed three criteria but failed to establish high salary requirement because comparative data did not match her actual position. The AAO dismissed without analyzing two other claimed criteria.

Real estate developer and project manager sought NIW for affordable and senior housing development using prefabricated construction. AAO held proposed endeavor lacked sufficient specificity regarding implementation, funding, location, and concrete steps taken, preventing meaningful evaluation of national importance.

Entrepreneur in agriculture seeking EB-2 exceptional ability and NIW. AAO affirmed denial because petitioner failed to show expertise significantly above ordinary level in agricultural entrepreneurship despite meeting three criteria initially. NIW prongs not reached.

A humanitarian and social worker claimed extraordinary ability under three EB-1A criteria: awards, judging, and leading roles. The AAO affirmed the denial, finding the awards lacked demonstrated national or international recognition. With only two criteria claimed and one rejected, the petitioner could not meet the minimum three required criteria, so remaining criteria and final merits were not addressed.

Judo coach sought EB-1A extraordinary ability classification. AAO dismissed, finding no major award, only one of five claimed criteria met, and insufficient evidence of sustained national or international acclaim placing petitioner in top of field.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

Market research analyst and communication specialist sought EB-1A classification. Claimed five criteria including awards, contributions, and scholarly articles. AAO found student award lacked requisite national recognition and contributions showed only prospective rather than established significance. Could not meet three-criterion minimum. Appeal dismissed.

Research scientist with PhD in materials science seeking EB-1A classification claimed to meet three of ten regulatory criteria. AAO found she met judging and scholarly articles criteria but failed to demonstrate original contributions of major significance. Appeal dismissed because petitioner has not shown sustained national or international acclaim required for extraordinary ability.

Language specialist claimed EB-2 advanced degree professional classification with national interest waiver. AAO affirmed denial because applicant's three-year foreign degree does not establish equivalence to a U.S. bachelor's degree required for EB-2 eligibility. Dhanasar prongs not addressed.

A lawyer sought extraordinary ability classification. The service center denied the petition and then dismissed a combined motion to reopen and reconsider. On appeal, the AAO summarily dismissed because the brief argued the original denial's merits and never addressed the motion dismissal, so the issues were abandoned and no criteria were decided.

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. Appeal dismissed.

A singer sought EB-1A extraordinary ability. The AAO dismissed the appeal, finding no one-time major international award and only two criteria arguably satisfied (awards and published material); documents lacked proper authentication and evidence did not show national or international recognition required for sustained acclaim.