Published AAO appeal decisions

A scientist claiming six criteria satisfied only two of the required three initial evidentiary thresholds. The AAO affirmed dismissal without reaching final merits, finding insufficient evidence that the petitioner commanded sustained national or international acclaim or ranked among the field's small top percentage.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.

Automobile repair and rental shop manager seeks NIW for EB-2 classification as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but satisfied only one: ten years experience. AAO dismissed because petitioner failed to meet minimum threshold of three criteria; NIW analysis reserved as ineligible for underlying EB-2 classification.

Industrial engineer proposing multidisciplinary real estate and construction engineering company. Failed to establish that the specific endeavor would substantially impact the field more broadly or produce significant employment or economic effects at a level commensurate with national importance.

Entrepreneur proposes boat-building business in economically depressed area, seeking EB-2 exceptional ability or advanced degree classification and NIW. AAO affirmed denial because endeavor lacks national importance; local job creation and economic contribution insufficient without industry-wide advancement.

Chemical engineer sought EB-2 classification and NIW waiver to consult for U.S. cosmetics companies on product formulation. AAO dismissed appeal, affirming Director's finding that proposed endeavor lacked national importance, despite petitioner arguing Director failed to discuss all evidence submitted.

Environmental engineer with advanced degrees sought NIW for sustainable development endeavor in waste and plastics management. AAO affirmed denial, finding insufficient evidence that the specific proposed endeavor has national importance or broader impact on the field, despite acknowledging its potential merit.

Dental surgeon and entrepreneur petitioned for NIW to operate oral health clinics in underserved regions. Claimed all three Dhanasar prongs including job creation and dentist shortage benefits. AAO found endeavor lacks national importance; dentist shortage and general economic activity insufficient, and dismissed without addressing remaining prongs.

Marketing administrator sought NIW as EB-2 advanced degree professional. AAO withdrew director's advanced degree determination due to lato sensu MBA lacking master's degree equivalency. On NIW, proposed marketing consulting has substantial merit but lacks national importance; record does not show specific endeavor's prospective impact meets Dhanasar standard.

Commercial pilot sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed, finding only two of six exceptional ability criteria met. Final merits determination found no unusual expertise in field. Ineligible for EB-2; therefore ineligible for NIW. Remaining Dhanasar arguments reserved.

Video editor sought EB-1A extraordinary ability classification. AAO dismissed because petitioner met only one criterion (exhibitions); two withdrawn on review (judging, high salary lack proper evidence). Failed to meet three-criterion threshold and demonstrated no sustained national or international acclaim required for extraordinary ability.

Managing consultant seeks national interest waiver for nonprofit consulting company serving homelessness and income inequality. AAO affirmed denial: despite substantial merit, endeavor lacks evidence of national importance; insufficient projections of regions, projects, or employment impact.

Self-petitioner in sciences field sought EB-1A extraordinary ability. AAO affirmed denial: no major internationally recognized award received individually, and fewer than three evidentiary criteria satisfied. Honorary membership insufficient; leading critical role unsubstantiated. Record lacks evidence of sustained acclaim and top-tier status.

Electromechanical engineer sought exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: did not establish national importance of proposed endeavor; submitted insufficient evidence identifying endeavor with specificity or demonstrating prospective impact. Reserved decision on underlying exceptional ability eligibility.

Dentist holding advanced degree equivalent sought national interest waiver. Director found substantial merit and second prong satisfied but denied on lack of national importance. Petitioner provided insufficient details about proposed clinical practice and nonprofit programs to establish national importance. Appeal dismissed.

An online education entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO found the petitioner met only one of six exceptional ability criteria and therefore was ineligible for the underlying EB-2 classification. NIW analysis was declined as the petitioner was ineligible for EB-2. Appeal dismissed.

Competitive cyclist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met fewer than three regulatory criteria; published material criterion failed due to limited publication scope, and judging criterion failed because refereeing duties do not constitute judging work of others.

Woman seeking EB-2 NIW to operate business providing services for disadvantaged women claimed substantial merit for gender equality initiatives. AAO held specific proposed endeavor lacked national importance; local South Carolina benefits and $155K first-year revenue insufficient.

A petitioner sought NIW for an educational technology platform to improve STEM education. The AAO affirmed dismissal because the specific proposed endeavor lacked national importance. Although STEM education has merit, the petitioner failed to demonstrate how the platform would broadly impact the field beyond its prospective students or achieve substantial economic effects.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Tourism director from Ministry of Commerce seeks EB-2 advanced degree professional and national interest waiver. AAO found petitioner failed first Dhanasar prong: no sufficiently detailed or specific proposed endeavor identified. Appeal dismissed.

Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.

Operations manager sought NIW, describing proposed endeavor variously as general corporate optimization and then sustainable fast-casual dining. AAO dismissed appeal because petitioner failed to consistently articulate the endeavor's nature, making analysis under Dhanasar framework impossible.