Published AAO appeal decisions

A financial manager self-petitioner sought EB-2 classification with national interest waiver. The Director found substantial merit and national importance but denied overall. The AAO dismissed the appeal, finding the petitioner failed to establish either advanced degree professional or exceptional ability status, making the underlying EB-2 classification prerequisite unmet.

A pilot sought a national interest waiver with EB-2 classification, proposing to work for U.S. airlines and train other pilots. The service center accepted the underlying classification but denied the waiver. The AAO dismissed the appeal because the endeavor lacked demonstrated national importance, and it did not reach the remaining prongs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

Electrical engineer specializing in electric vehicle technology sought EB-2 with national interest waiver. AAO affirmed denial based on failure to establish five years post-baccalaureate experience in specialty. Dhanasar waiver analysis not reached due to threshold failure.

An actress sought O-1A classification for extraordinary ability. The petitioner (production company) filed a third motion to reconsider after two prior dismissals, resubmitting identical arguments and evidence without demonstrating legal or policy errors in prior decisions. The AAO dismissed the motion because the petitioner failed to meet the procedural requirement of showing proper cause under applicable regulations.

A licensed professional engineer in HVAC systems sought EB-1A classification. AAO dismissed appeal, finding petitioner met only the published material criterion but failed to establish three or more criteria or sustained national acclaim needed for extraordinary ability classification.

Cardiovascular researcher met two criteria but needed three. Original contributions criterion failed: guidelines participation and citations lack specific evidence of major significance; reference letters too conclusory; prestigious journal publication alone insufficient. Record does not demonstrate sustained acclaim or top-tier status required for extraordinary ability.

Physical therapist with Brazilian credentials sought EB-2 NIW classification. AAO reversed the Service Center finding and held petitioner failed to establish advanced degree professional status or exceptional ability, with insufficient progressive post-baccalaureate experience, making NIW analysis unnecessary.

A martial arts school petitioned for O-1 classification for a coach. The beneficiary met only one criterion (judging). The AAO affirmed dismissal because membership and published material criteria were not satisfied and beneficiary failed to establish at least three of eight required criteria for extraordinary ability.

Financial manager seeks EB-2 classification as advanced degree professional or individual of exceptional ability, plus NIW. AAO held petitioner failed to establish underlying EB-2 eligibility because evidence did not demonstrate either required advanced degree credentials or exceptional ability; therefore NIW eligibility not reached.

Asset manager specializing in insurance and pensions seeks extraordinary ability classification. AAO confirmed three evidentiary criteria met but found final merits not established. Limited and non-sustained media coverage and standard peer review activity insufficient to demonstrate sustained acclaim at top of field.

A printing engineer specializing in flexographic technology sought extraordinary ability classification, claiming six criteria. The AAO found only one satisfied, rejected two, treated two as abandoned and reserved one. Lacking three criteria, the appeal was dismissed, and the Director's willful misrepresentation finding was withdrawn.

Self-petitioner, engineer in electrical and electronics engineering and oil and gas sector, sought NIW for continuation of employment. Met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: training endeavor, though occurring in important industry, affects only specific employer and clients, not field broadly, and lacks national importance.

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

A materials scientist sought extraordinary ability classification, claiming judging, original contributions and scholarly articles. The AAO found all three criteria met, correcting the director's reliance on outside website information. It still dismissed the appeal because the final merits review showed no individual sustained acclaim or top-of-field standing.

A city branding expert sought extraordinary ability classification, and the petition was denied with a finding of willful misrepresentation. The petitioner then filed an untimely combined motion that was dismissed. The AAO dismissed the appeal, reviewing only the motion dismissal, because no reasonable justification for the late filing was shown. No criteria were decided.

Employer-sponsored public relations manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance under Dhanasar; her proposed work was limited to specific employers and clients without broader economic or field-level impact.

Pathologist and professor seeking EB-1A extraordinary ability classification. Met three of ten criteria: judging, scholarly articles, and critical role at family company. AAO dismissed appeal, finding no sustained national or international acclaim; achievements were routine academic duties and family-based rather than demonstrating top-tier standing.

A self-petitioner general operations manager sought NIW classification and waiver as an advanced degree professional or individual of exceptional ability. The AAO dismissed the appeal, finding she failed to establish underlying EB-2 eligibility because her foreign education equivalency and exceptional ability were not sufficiently demonstrated.

Wedding photographer from South Africa claiming seven evidentiary criteria for EB-1A extraordinary ability. AAO agreed with Director that only two criteria met: judging and exhibitions. Published material, awards, and membership claims failed. Record shows successful photographer with prominent clients but does not establish sustained acclaim required for top of field.

Entrepreneur claiming exceptional ability and national interest waiver presented inconsistent evidence about occupational field and job duties. AAO held petitioner failed to establish consistent occupational definition, met only one of six exceptional ability criteria, and thus lacked EB-2 eligibility, making waiver analysis unnecessary.

Brazilian jiu-jitsu athlete and coach claiming extraordinary ability. Petitioner claimed five criteria but established only two: awards and judging. On appeal, sought to add membership and leading role criteria but failed to meet either. AAO dismissed appeal because the petitioner satisfied fewer than the required three criteria and lacked sustained national or international acclaim.

A visual effects artist and animator sought EB-1A extraordinary ability classification after remand. The AAO affirmed that the petitioner satisfied only two of three required criteria (display and high salary). The record did not demonstrate the sustained national/international acclaim or position among the small percentage at the top of the field required for extraordinary ability.

Performer from Russian national athletic team seeking extraordinary ability classification. Meets three evidentiary criteria but fails final merits analysis. Though petitioner had sustained international acclaim as athlete through 2014, he failed to demonstrate sustained acclaim as performer; earnings and lack of public distinction do not reflect extraordinary ability.

Director and producer sought EB-2 with national interest waiver. Petitioner did not establish five years of post-baccalaureate experience required for advanced degree professional classification due to inconsistent employment documentation and lack of proper employer letters. AAO dismissed appeal.