Published AAO appeal decisions

An IT coordinator sought an EB-2 exceptional ability classification with a national interest waiver. The AAO found he met none of the six exceptional ability criteria, including withdrawing the earlier finding on professional membership, and declined to reach the waiver questions, so the appeal was dismissed.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

Weight loss center operator sought extraordinary ability classification. Met only one of four claimed criteria. AAO found insufficient evidence of sustained national or international acclaim or demonstration of career of acclaimed work in health and wellness field.

Artist seeking EB-1A extraordinary ability classification. AAO dismissed appeal because she failed to meet at least three evidentiary criteria: awards were not shown to be nationally or internationally recognized, and membership in associations was not conditioned on outstanding achievements as judged by recognized experts.

A sales director seeks national interest waiver for EB-2 classification. The AAO held he did not qualify for underlying EB-2 classification as exceptional ability, having failed to meet at least three of six regulatory criteria. National interest waiver analysis was not reached because eligibility for the base classification was not established.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

Media and marketing professional with LLC startup sought NIW for EB-2 classification. Proposed marketing services and training workshops for clients. AAO affirmed endeavor has substantial merit but lacks national importance; proposed work benefits specific clients and trainees without broader impact on advertising or marketing field. First prong failed.

A boutique pastry shop petitioned to classify its executive head pastry chef under O-1A extraordinary ability. The beneficiary claimed five criteria. The AAO found recommendation letters do not constitute required evidentiary forms, online publication does not meet major publication standard, and salary evidence was insufficient, dismissing the appeal.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

Real estate developer sought EB-1A extraordinary ability classification. Initial approval was revoked. AAO held petitioner failed to demonstrate eligibility because she did not provide clear evidence that she would continue work as real estate developer in United States; supporting documents were undated, illegible, or belonged to spouse.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

Coaching professional applied for EB-2 with advanced degree or exceptional ability, plus NIW. AAO found petitioner lacked five years progressive experience in specialty and failed to establish exceptional ability through required criteria. Decision did not reach NIW analysis because petitioner failed prerequisite EB-2 eligibility.

A managing director seeks national interest waiver for EB-2 classification. He claimed his alternative investment program has substantial merit and national importance with potential to attract foreign capital. The AAO held the endeavor lacks sufficient national importance because evidence does not demonstrate specific industry-level impact beyond general economic activity.

Engineering manager in aerospace field seeking EB-1A extraordinary ability classification. Met judging criterion but evidence of impact contradictory; innovations limited to employer company without proven broader industry adoption. AAO dismissed because overall evidence insufficient to demonstrate sustained national or international acclaim required for extraordinary ability.

A dance instructor sought EB-1A extraordinary ability. Although meeting judging and leading role criteria, she failed to demonstrate original contributions of major significance or high salary relative to the field. The record lacked sufficient evidence of national or international acclaim required for the classification.

Filmmaker with MFA in film directing sought EB-1A extraordinary ability classification. Met only one criterion (film festival screenings). AAO affirmed denial: petitioner did not establish three required criteria and failed to demonstrate sustained national or international acclaim or position among very top of field.

Architect sought national interest waiver for EB-2 classification. Appeal summarily dismissed because petitioner failed to file brief or statement identifying errors in director's decision within required timeframe, only asserting general eligibility without substantive analysis of Dhanasar prongs.

Horse breeding business petitioned for stallion manager as O-1A extraordinary ability. Petitioner claimed seven criteria but AAO found only one met. Comparable evidence for awards criterion rejected because petitioner failed to show criterion does not apply to occupation. Appeal dismissed.

An actress in Chinese film and television sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, holding that while petitioner met three evidentiary criteria, the record did not demonstrate sustained national or international acclaim required under the two-part Kazarian analysis.

Registered nurse sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner demonstrated substantial merit but failed to establish national importance under first prong of Dhanasar framework. General nursing shortage does not render specific proposed endeavor nationally important; no documented innovations or broader implications for healthcare field shown.

A miniatures and folk art artist claimed extraordinary ability through multiple evidentiary criteria. While the petitioner met four initial criteria, the AAO found insufficient evidence of sustained national or international acclaim or of being among the very top in the field, requiring dismissal despite meeting the threshold number of criteria.

Musician and music group leader seeking extraordinary ability classification. Claimed three additional criteria beyond two met by director. AAO found published material and artistic display criteria satisfied but rejected awards and original contributions claims. Final merits determination found petitioner progressing toward top but lacking sustained acclaim required for classification.