Published AAO appeal decisions

An athlete in an unpopular U.S. sport met two criteria on initial review. AAO affirmed dismissal because petitioner failed to explain how post-filing awards applied to the original petition, made only generalized appeals without specific arguments, and did not justify why regulatory criteria did not apply to his field.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Art teacher with seventeen years experience sought EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; waiver analysis was reserved and not decided.

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.

A Brazilian jiujitsu coach beginning in 2012 and coaching since 2015 sought EB-1A classification. The AAO found insufficient evidence of major awards, published material, or judging that demonstrates sustained acclaim and status among the very top of the field.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

A professor of urban and regional planning in Brazil claims extraordinary ability. He met one of ten evidentiary criteria (judging) but the AAO found he did not meet three required. The record lacks evidence of sustained national or international acclaim or position at the very top of the field.

A pilot with advanced degree sought NIW claiming pilot shortage and aviation industry importance. AAO held the proposed endeavor lacked national importance because working in an important field is insufficient and petitioner did not show how individual work would significantly impact the industry or economy broadly.

A marketing specialist sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five of six exceptional ability criteria on appeal. The AAO found only the degree criterion met, since experience, salary, membership and recognition evidence fell short, and so reserved the Dhanasar analysis and dismissed the appeal.

Chief financial officer filed as self-petitioner for extraordinary ability. Claimed six evidentiary criteria. AAO dismissed appeal, finding petitioner failed to meet at least three criteria: membership letter merely repeated regulations, published materials were brief mentions not about his work, judging claim lacked specificity, and original contributions were unsubstantiated assertions without evidence of major significance.

A statistics researcher proposing to develop predictive models for cybersecurity and data analysis sought NIW. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance under Dhanasar's first prong, as it would not impact the field broadly.

Food industry management consultant and chef sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish exceptional ability under any EB-2 criterion and did not establish national importance of proposed endeavor; business impact limited to own company.

Personal financial adviser seeking NIW claimed his endeavor of advising clients on finances has national importance. AAO held the endeavor lacks national importance because benefits are limited to individual clients and do not extend to broader field or economy.

Production engineering consultant sought self-petitioner NIW for startup. Claimed substantial merit and national importance through job creation and business efficiency improvements. AAO found substantial merit but rejected national importance because projected 22 employees and revenue had insufficient demonstrated broader impact on national economy or engineering field.

Accounting consultant seeking NIW to operate consulting business in Florida. Claimed endeavor supporting small-medium enterprises has national importance. AAO held the proposed endeavor lacked demonstrated national importance; general field importance and personal experience insufficient without showing specific prospective impact.

Airport operations specialist sought EB-2 exceptional ability classification and NIW. AAO affirmed director's denial, finding petitioner failed to meet required exceptional ability criteria: no professional certifications despite listing 41 courses, inconsistent job title and unclear salary comparison, unsupported membership claims, and insufficient recognition for contributions. NIW analysis reserved as dispositive EB-2 ineligibility.

An HR specialist seeks NIW for a self-directed HR consulting business. The AAO dismissed the appeal, finding the endeavor lacks national importance because the petitioner provided no corroborating evidence that benefits extend beyond immediate customers to enhance broader societal welfare or regional economies.

Self-petitioner quality control analyst and entrepreneur in pet apparel sought EB-2 NIW. Submitted business plan, experience records, and recommendation letters. AAO found endeavor had substantial merit but lacked national importance; claimed job creation and economic benefits were not corroborated; industry importance differs from specific endeavor importance.

Operations manager and entrepreneur in document management sought EB-2 exceptional ability and NIW. AAO affirmed denial: did not meet three required exceptional ability criteria and proposed endeavor lacks national importance; NIW not reached.

An actor sought EB-1A extraordinary ability classification. He claimed seven criteria and met only one. The AAO dismissed the appeal, finding he did not satisfy the three-criterion minimum. His published materials were not verifiable or in major outlets, his membership lacked outstanding achievement requirements, his salary was not significantly high compared to peers, and his commercial success was insufficient by volume.

Airline captain and flight instructor sought NIW classification claiming pilot shortage demonstrates national importance. AAO held proposed work lacks required national importance because it would not impact the field broadly or demonstrate significant potential to employ workers or provide substantial economic effects beyond the employer.

Self-petitioner in event planning and ethnic supermarket business claims national interest waiver under EB-2. AAO affirmed denial: endeavor has substantial merit but lacks evidence of national importance. Proposed services insufficient to demonstrate prospective impact meeting national importance standard.