Published AAO appeal decisions

A systems engineering specialist sought EB-2 national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar. Working in telecommunications generally does not establish specific endeavor importance; broader industry relevance was insufficient.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

Competitive swimmer seeks EB-1A extraordinary ability classification. Claimed awards, membership, published materials, and leading role criteria. AAO found awards met but membership and published materials not met; petitioner satisfied only two of ten criteria, below three-criterion threshold. Appeal dismissed.

An MMA fighter sought EB-1A extraordinary ability classification. The AAO dismissed motions to reopen and reconsider, affirming that while the petitioner met three initial criteria through awards, published material, and judging, the record did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Physicist sought EB-2 NIW for postdoctoral research and future academic positions in physics. AAO rejected SCOPS finding of national importance; petitioner's vague, undetermined research endeavor and few citations lack national or global implications in field. Appeal dismissed.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Business consultant in Brazil claimed six evidentiary criteria but met none of the three required. AAO found award not for excellence in field, SCORE membership insufficient, and company lacked distinguished reputation, declining final merits review.

Board-certified physician-scientist in rheumatology sought EB-1A extraordinary ability classification. Claimed and met three evidentiary criteria: judging, scholarly articles, and leading/critical role. AAO dismissed appeal on final merits, finding insufficient evidence of sustained national or international acclaim or elite standing in field.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

A businessperson in Colombia seeks EB-1A extraordinary ability classification. AAO found petitioner failed to satisfy any of three claimed evidentiary criteria and could not meet the required minimum threshold of three criteria, so dismissed appeal.

Audio engineer in Turkish film and television post-production with over ten years experience. Met four of eight claimed initial criteria. Final merits analysis found work within company recognized but lacked evidence of national or international attention or positioning among field's small elite percentage.

A business management specialist sought EB-1A classification for extraordinary ability. The AAO confirmed she met published material and judging criteria but rejected her high salary claim due to inadequate comparative wage data. With only two criteria met, she failed the three-criterion threshold and appeal was dismissed.

An automotive technician sought exceptional ability classification with a national interest waiver and filed a seventh combined motion after earlier dismissals. He submitted a revised business plan and argued the Dhanasar prongs. The AAO dismissed it because the motion did not address any error in the latest decision and attacked only the original denial.

Chief operating officer of NSF-funded fire suppression technology startup seeking EB-2 NIW. Qualified for underlying EB-2. AAO affirmed denial of first Dhanasar prong: while fire suppression field is important, petitioner's specific operational work lacks national importance beyond employer benefits and does not broadly impact the industry.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.

A mortgage industry innovator and financial strategist sought EB-1A classification. The AAO found she satisfied only two of ten criteria and rejected her awards claim due to self-nomination and limited field recognition. The AAO dismissed her appeal, concluding she failed to demonstrate sustained national or international acclaim required for extraordinary ability.

A franchise owner in solar and EV charging installation sought EB-2 national interest waiver. Underlying advanced degree qualification was established, but the Dhanasar framework analysis failed at the first prong. The AAO found his specific endeavor lacked national importance despite the importance of the solar and EV sectors generally; benefits were localized to small subsets. Appeal dismissed.

A research scientist in machine learning and generative AI claimed six criteria. The service center accepted four of them, then denied the petition at the final merits stage. The AAO dismissed the appeal because the fellowship award and limited media coverage did not show sustained acclaim or top-of-field standing.

Project manager and entrepreneur in aviation technology sought EB-1A extraordinary ability classification. AAO found petitioner failed to establish three of ten regulatory criteria, withdrawing service center's finding on judging and rejecting original contributions and leading role claims.

Data scientist in financial technology and artificial intelligence employed as vice president sought EB-1A classification. Met three criteria initially established by service center, but AAO withdrew the awards finding and found the totality of evidence insufficient to demonstrate extraordinary ability and placement among the top percentage of the field.

An entrepreneur in STEM education filed a motion to reconsider an NIW denial for an EB-2 national interest waiver for a coding academy. The AAO affirmed the prior decision that the petitioner failed the first Dhanasar prong: the proposed academy lacked independent corroboration of national importance and would not impact the field beyond local scope.

Vice president and information lead architect in financial services seeks EB-1A classification for extraordinary ability in data compliance, governance, and risk management. AAO affirmed denial, finding petitioner met minimum evidentiary criteria but failed to demonstrate sustained national or international acclaim or top-tier status in the field.

Computer systems analyst claims extraordinary ability in sciences. Met at least three initial evidentiary criteria including leading role, membership, and salary. AAO found evidence lacks sustained acclaim over long period and achievements not recognized in field through extensive documentation. Appeal dismissed.