Published AAO appeal decisions

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

Squash professional petitioned by club for O-1A visa. Service center denied for failing to meet evidentiary criteria. Petitioner's appeal dismissed summarily for lack of specificity. Motions to reopen and reconsider dismissed because petitioner provided no new facts or evidence, and appellant brief was not properly filed with AAO.

A pole fitness performer claimed extraordinary ability under EB-1A, meeting awards criterion initially but failing at final merits. The AAO withdrew the awards finding, determining competitions lacked national recognition and that the performer failed to demonstrate sustained acclaim or placement among the very top in her field.

An electrical engineer and project manager in renewable energy seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses professional credentials and industry significance, not the proposed endeavor's broader national impact or demonstrated employment potential.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

Advanced degree holder and entrepreneur seeking NIW for business consulting through company providing services including blood management consulting. Established substantial merit but failed to demonstrate national importance. Revenue projections and staffing plans insufficient; endeavor impact limited to specific clients and businesses.

A management and financial analyst sought EB-2 NIW for work as a financial analyst and starting a financial advisory services business. The AAO dismissed the appeal, upholding the director's decision that motion requirements were not met and that a business plan alone insufficient to establish national importance.

HR and organizational development consultant with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding field importance does not establish national importance of specific proposed endeavor; petitioner presented new evidence on appeal but failed to demonstrate prospective impact beyond prospective clients.

A petitioner sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the required employee-specific labor certification sections were not submitted and the petitioner did not contest the director's finding on the underlying EB-2 classification, so the waiver arguments were not reached.

Airplane pilot seeking EB-2 advanced degree with NIW. Proposed work as commercial airline pilot and trainer. AAO affirmed denial: lacks sufficiently specific endeavor; industry-wide pilot shortage does not establish national importance of individual's work; endeavor too vague to assess impact.

Information technology project manager in human-computer interactive digital technologies sought EB-1A. AAO held petitioner met three initial criteria but failed final merits determination because evidence lacked comparative data showing sustained acclaim and top-tier field standing.

Corporate legal practitioner sought EB-2 national interest waiver for work developing ESG compliance legal frameworks. AAO dismissed appeal, finding while proposed endeavor has substantial merit, petitioner failed to establish national importance because work would benefit specific clients without broader implications to legal field analogous to improved manufacturing or medical advances.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

An industrial engineer postdoctoral researcher sought EB-2 national interest waiver for supply chain research. The AAO reversed the Director on national importance, finding alignment with government priorities and field implications. However, the petitioner failed the second prong: insufficient evidence of personal record of success or influence establishing he could advance the endeavor.

Civil engineer and construction manager seeking EB-2 advanced degree with national interest waiver to develop innovative construction technologies and disaster-resilient infrastructure. Proposed endeavor has merit but lacks national importance. AAO dismissed because evidence shows only positive career impact, not broader national or industry significance; petitioner conflated importance of profession with importance of specific proposed endeavor.

An airline pilot sought EB-2 classification as exceptional ability and NIW waiver. The AAO found the petitioner failed to satisfy at least three evidentiary criteria for exceptional ability and did not establish that the proposed endeavor of working as a commercial airline pilot had national importance. Appeal dismissed.

A data scientist employer-petitioner for EB-2 national interest waiver. Claimed proposed work in AI and technology would benefit national interest. AAO found endeavor lacks national importance—impact limited to employer and customers without broader field effects. Court reserved second and third prong analysis, dismissing appeal on first prong failure.

Pharmaceutical company petitioned for IT operations manager beneficiary under EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance because work would not impact IT or pharmaceutical fields beyond the company and its clients, contrary to Dhanasar requirements.

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.

Fashion communication specialist seeking EB-2 advanced degree with NIW. Proposed founding communication strategy firm for small businesses across industries. AAO affirmed denial: lacks EB-2 advanced degree qualification; proposed endeavor lacks national importance despite covering multiple sectors.

Fine art painter in modernistic impressionist style claimed extraordinary ability. Met minimum three evidentiary criteria: awards, judging, and exhibitions. AAO affirmed dismissal at final merits stage. While petitioner is acclaimed and recognized, evidence does not demonstrate place among small percentage at field's very top. Record lacks comparative information about other artists and relative standing.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Computer scientist seeking NIW for research on machine learning and high-performance computing convergence. AAO dismissed appeal, finding the proposed endeavor insufficiently specific to permit Dhanasar analysis and lacking demonstrated national importance or broader field impact.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

The beneficiary is a boxer and trainer for whom an agent sought O-1A classification. The petitioner claimed membership, original contributions through comparable evidence, and high salary. The AAO dismissed the appeal because membership and contributions were not established, so three criteria were not satisfied, and it reserved the final merits.