Published AAO appeal decisions

Environmental engineer claims NIW eligibility for research on water treatment and scale formation processes. AAO held proposed endeavor lacks sufficient national importance despite substantial merit; citations and industry reports insufficient to establish specific prospective impact at national level.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

Archaeology business petitions for O-1 visa for archaeologist beneficiary. Appeal dismissed on consultation requirement grounds: Turkish-American organization consulted lacked demonstrated expertise in archaeology or archaeology business. Merits regarding evidentiary criteria reserved and not decided.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

A chief executive officer and entrepreneur seeks EB-1A classification claiming published material, awards, and membership criteria. The AAO withdrew the service center's favorable finding on published material, rejected awards and membership claims for insufficient evidence, and found the petitioner failed to meet the threshold of three qualifying criteria.

An automotive quality manager sought EB-2 NIW classification. Although the Director found substantial merit and that the petitioner was well-positioned to advance automotive quality improvements, the AAO affirmed dismissal, finding insufficient evidence of national importance beyond general industry benefits.

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

A scientific researcher sought EB-1A extraordinary ability classification. The AAO dismissed a combined motion to reopen and reconsider because the petitioner failed to submit new facts or identify deficiencies in the prior dismissal; resubmitted evidence previously rejected and could not consider post-petition publications.

Historical architect sought EB-2 with NIW. After initial denial and multiple unsuccessful motions, the AAO dismissed a final motion to reopen because the petitioner failed to demonstrate that filing delays were reasonable and beyond her control, and did not submit new facts supporting reconsideration.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

Financial analyst seeks EB-1A extraordinary ability classification. Claimed at least three of ten criteria. AAO found no major international award and rejected high salary criterion on improper comparison basis, leaving petitioner below three-criterion threshold. Reserved remaining criteria. Dismissed appeal.

An IT project manager with advanced degree claims NIW to establish healthcare consulting company. AAO dismissed appeal, finding although underlying EB-2 eligibility established, proposed endeavor lacks national importance; job creation projections insufficient without evidence of regional or national economic impact.

A tattoo arts studio petitioned for O-1A classification for a tattoo artist. The petitioner claimed extraordinary ability through a 2022 award and lead performances at multiple events. The AAO found the award lacked standing and that participation in events did not demonstrate starring or lead roles, dismissing the appeal.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A petitioner claiming exceptional ability for an EB-2 national interest waiver filed successive motions to reopen and reconsider after initial denials. The AAO dismissed the second motion, finding the petitioner had been given notice of required evidence and a reasonable opportunity to submit it, and that no new facts or legal errors warranted reconsideration.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

An accountant sought EB-2 NIW. A second motion to reopen and reconsider was dismissed. New evidence established she met the EB-2 advanced degree requirement, overcoming one ground, but she failed to present new facts establishing NIW eligibility under Dhanasar.

A self-petitioning professional with an advanced degree sought a national interest waiver. After earlier denial and several dismissed appeals and motions, a fourth combined motion to reopen and reconsider claimed ineffective assistance of prior counsel. The AAO dismissed it because no prejudice or substantial compliance with the required procedure was shown, and the arguments were repeated.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

Childcare education professional seeking EB-2 exceptional ability with national interest waiver. Met all six initial evidence criteria but failed final merits determination showing expertise significantly above ordinary in field. Appeal dismissed without reaching NIW prongs.

Financial analyst, accountant and auditor with advanced degree sought EB-2 national interest waiver. The AAO dismissed the appeal because her proposed financial services endeavor lacked demonstrated national importance under Dhanasar framework, showing no substantial economic impact or national implications.

Aircraft mechanic seeking EB-2 NIW claimed training programs and maintenance improvements would address aviation mechanic shortage with national importance. AAO dismissed, finding proposed endeavor lacks sufficient national importance and would not impact field broadly beyond individual trainees or employers.

A petitioner in cybersecurity and IT governance filed a motion to reopen a dismissed NIW petition. The AAO dismissed the motion, finding the new executive orders and strategic documents did not establish new facts warranting reconsideration, as they did not address errors in prior dismissals or demonstrate changed circumstances.

Business consultant self-petitioner claimed six extraordinary ability criteria. AAO dismissed motion to reconsider, upholding prior findings that published material, original contributions, and scholarly articles criteria were not met. Membership and leading role criteria were reserved as unnecessary since three criteria minimum was not satisfied.