Published AAO appeal decisions

Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.

Sales and marketing entrepreneur petitioned for NIW for marketing consulting firm serving nonprofits. Claimed all three Dhanasar prongs. AAO found endeavor lacks national importance despite serving nonprofit sector; lacks broader implications and substantial U.S. employment potential, and dismissed without addressing remaining prongs.

A contemporary dancer met at least three EB-1A evidentiary criteria but failed the final merits determination. The decision found insufficient evidence of sustained national or international acclaim, noting a prolonged absence from performing, a shift to other fields, and no evidence of ongoing recognition. Appeal dismissed.

Brazilian jiu-jitsu athlete and coach seeks EB-1A. Claims include competition awards and association membership. AAO found competition medals lack national or international recognition and insufficient media coverage; membership claim not adequately established; does not meet three-criterion threshold or demonstrate extraordinary ability.

Architect seeks national interest waiver for sustainable architecture consulting business. AAO held the endeavor has substantial merit and national importance but applicant lacks demonstrated success or progress in advancing this specific endeavor, so waiver denied.

A cinematographer from Kazakhstan sought EB-1A extraordinary ability classification. Although the AAO found one criterion met (exhibitions), the applicant failed to establish three total criteria and lacked evidence of sustained national or international acclaim required for the classification.

A pharmaceutical chemist self-petitioner sought EB-2 national interest waiver for a pharmacotherapeutic monitoring endeavor. The AAO dismissed the appeal, finding substantial merit but no national importance: evidence did not show how the proposed work would extend beyond direct patients to impact the field or have prospective broader implications.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

Psychologist seeking EB-2 with national interest waiver. Director found proposed endeavor had substantial merit but petitioner failed to establish national importance. Appeal dismissed; AAO affirmed national importance finding without reaching remaining Dhanasar prongs.

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

A graphical design entrepreneur sought exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to contest the director's adverse final merits determination on appeal, constituting waiver of a dispositive issue that made overall eligibility impossible.

Entrepreneur in commercial flooring sought EB-2 NIW. AAO withdrew Director's advanced degree finding due to deficient work experience letters, but affirmed NIW denial. Proposed business lacked demonstrated national importance; claimed strategic approaches and product diversity offered only incremental benefits.

IT project manager sought NIW for EB-2 advanced degree or exceptional ability classification without job offer. AAO dismissed appeal because the proposed IT project management services lacked national importance; petitioner made unsupported claims without evidence of field-wide impact or substantial economic benefits.

Education administrator with advanced degree seeking EB-2 NIW for business expansion consultancy to schools. Petitioner qualified for underlying classification but failed Dhanasar first prong; prior academic and employment experience and general industry information insufficient to establish national importance.

A wholesale and retail food distributor with advanced degree sought NIW. AAO found substantial merit in the proposed endeavor but concluded it lacks national importance because benefits remain confined to the petitioner's customers without reaching regional or national economic significance.

A financial manager sought NIW for EB-2 as advanced degree holder or individual of exceptional ability. AAO dismissed appeal because petitioner lacked advanced degree and failed to meet exceptional ability criteria; NIW analysis reserved.

Communications specialist in film and television seeking EB-2 with NIW. Qualified for EB-2 advanced degree category. AAO found proposed work has substantial merit but not national importance; a single communications specialist's benefits too limited to advance field or boost economy nationally.

Hockey referee seeking EB-1A extraordinary ability classification. Met one criterion (leading critical role) but failed to satisfy minimum three-criteria threshold. Lacked major awards, qualifying association membership, judging role, or demonstrated original contributions of significance. Appeal dismissed.

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

Commercial airline pilot sought EB-2 NIW for training on the A350 aircraft. AAO dismissed appeal after applicant failed to address Director's underlying EB-2 qualification findings and provided only post-filing certificates. Endeavor lacked demonstrated national importance despite having substantial merit.

Self-petitioner proposing fraud risk and prevention consultancy sought NIW. AAO affirmed denial: while endeavor had merit, it lacked national importance. Evidence of job experience and industry importance relate to second prong, not first; business plan and letters did not show specific prospective impact at national level.

Synchronized swimming athlete and coach met initial evidentiary criteria but failed to demonstrate sustained national or international acclaim; seven to eight year gap after relocating to US showed failure to maintain commensurate level of achievement required for extraordinary ability.

Lawyer seeking NIW for EB-2 advanced degree classification to establish law practice facilitating cross-border transactions. AAO held petitioner failed to demonstrate national importance of proposed endeavor, as projected revenue and client benefits lack broader implications for legal services industry or economy.

Software quality assurance expert seeking EB-2 with national interest waiver claimed endeavor in consultancy and workforce training had national importance. AAO dismissed appeal, finding his proposed services lacked sufficient prospective impact beyond his company and clientele to rise to national importance level required by Dhanasar first prong.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.