Published AAO appeal decisions

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.

Bacteriologist and clinical analyst claimed an NIW for consulting and entrepreneurial work in healthcare. AAO found the proposed endeavor had substantial merit but lacked national importance because it was limited to one company's clients and evidence did not show government interest, funding, or broad sectoral implications.

An early childhood and special education teacher sought EB-2 classification as an individual of exceptional ability, plus a national interest waiver. The AAO dismissed the appeal, finding that the membership and recognition criteria were not met and that expertise significantly above the norm was not shown, and reserved the waiver question.

Wedding and event planner specialist seeks EB-1A extraordinary ability classification. Claimed major award and three evidentiary criteria. AAO dismissed, finding no major award, unmet criteria for lesser awards and original contributions, and record lacks evidence of sustained national or international acclaim or top-tier field status.

A self-petitioner sought extraordinary ability classification, and the appeal was previously summarily dismissed along with earlier motions. On a second combined motion, the AAO dismissed both the motion to reopen and the motion to reconsider because no new facts, brief, evidence, or legal error were shown. No criteria were decided.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

Construction manager and entrepreneur sought EB-2 NIW classification. AAO affirmed denial, finding petitioner did not establish exceptional ability or meet sufficient evidentiary criteria. National interest waiver issue not addressed because petitioner ineligible for underlying classification.

Technology entrepreneur in hospitality industry sought EB-1A extraordinary ability. Claimed nine evidentiary criteria but failed to meet minimum three. AAO dismissed, finding venture capital funding inadequately documented and membership criterion not properly established; other criteria not analyzed as threshold requirement not met.

An assistant professor of criminology seeking EB-2 with NIW to conduct research on combating human trafficking claimed substantial merit and national importance. The AAO found substantial merit but insufficient evidence that the specific research endeavor would impact national response to trafficking at the required level.

A social and community service manager and entrepreneur sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish that her proposed endeavor had national importance under Dhanasar's first prong, focusing on broader prospective impact rather than industry or profession importance.

Senior software engineer for digital entertainment company seeks EB-2 with NIW. Petitioner established substantial merit but failed to show national importance. Decision held that work maintaining secure payment platforms for single company, despite STEM context and field importance, lacks prospective impact of national significance.

Paralegal seeks EB-2 exceptional ability classification and NIW. AAO dismissed appeal, finding petitioner did not establish exceptional ability, meeting only two of six required criteria. Failure to qualify for underlying EB-2 classification rendered NIW analysis unnecessary.

Data scientist seeking NIW for EB-2 classification. AAO affirmed dismissal because proposed endeavor lacks national importance; while substantial merit established, petitioner's work benefits only current employer with no demonstration of innovations or impact extending beyond employer's business interests or clients.

Machine learning engineer employed at social media company seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite working in valuable AI field; petitioner's specific work on user engagement lacks broader implications. Appeal dismissed.

An engineer with a master's degree sought EB-2 classification with national interest waiver for research on enhancing concrete strength using wastewater byproducts. The AAO dismissed, finding the proposed endeavor lacks national importance: it remains confined to a single employer with no demonstrated broader implications for the field or nation.

A karate coach claimed extraordinary ability and sought to open karate schools in the United States. The AAO confirmed he met two criteria—judging and leading role—but dismissed because he failed to meet the minimum three-criterion threshold required for final merits consideration.

Contact center entrepreneur seeks NIW to operate call center service provider. AAO dismissed appeal, finding petitioner did not establish national importance of proposed endeavor. While services may benefit government clients, they lack innovation or evidence of broader industry impact or economic significance beyond company and direct clients.

A basketball coach, formerly a player, sought EB-1A extraordinary ability classification. Though three initial criteria were facially satisfied as a player, evidence lacked sustained national or international acclaim as a coach. Coaching career began post-filing; sparsely documented coaching does not demonstrate top-level recognition. AAO dismissed.

A network security architect employed by an IT services company sought EB-2 NIW classification. The petitioner proposed developing network architecture solutions addressing cyber threats but failed to establish national importance. The AAO held that personal expertise and industry significance do not substitute for demonstrating the specific endeavor's prospective national impact.

Automobile company petitioned for enterprise connectivity systems engineer beneficiary with master's degree, EB-2 advanced degree professional with NIW. AAO upheld denial, finding proposed work lacks national importance beyond employer; focused on specific endeavor, not field importance.

A telecommunications CEO and entrepreneur sought an EB-2 classification with a national interest waiver, planning a company to deploy telecom infrastructure in rural and underserved areas. The AAO dismissed the appeal because the endeavor's benefits were too attenuated to show national importance, and it did not reach the other prongs.