Published AAO appeal decisions

A researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

A software development manager with master's degree sought a national interest waiver. The AAO held his proposed work as a software development manager lacked national importance; despite alignment with cybersecurity policy goals, no evidence demonstrated prospective impact beyond employer clients or field-wide significance. Appeal dismissed.

A chemical biologist seeking EB-1A extraordinary ability classification. Claimed eligibility under six criteria including awards, original contributions, and leading role. AAO found awards insufficient, original contributions not of major significance, leading role not established, and overall record lacking sustained acclaim required for extraordinary ability.

Research scientist in natural language processing holds Ph.D. and works as research associate. Claimed extraordinary ability under EB-1A. Met three regulatory criteria including judging and scholarly articles. AAO upheld denial because totality of evidence did not demonstrate sustained acclaim or position among small percentage at top of field.

A Brazilian barbecue equipment manufacturer and CEO claimed seven EB-1A criteria. The AAO found he did not meet at least five of the claimed criteria, including membership and original contributions, and therefore failed to establish the required three criteria threshold.

Visual artist and art entrepreneur sought EB-1A classification. Petitioner claimed five criteria but met only exhibitions. Published material articles lacked required author information and insufficient circulation data. Failed to meet three-criterion threshold. Appeal dismissed.

Business consultant and CEO from Russia sought EB-1A extraordinary ability classification. The petitioner met two criteria: lesser awards and judging. The AAO rejected original contributions as merely disseminating others' work and found articles non-scholarly. Because the petitioner met only two of ten required evidentiary criteria, the AAO dismissed the appeal without reaching final merits.

Special education coordinator sought EB-2 NIW to establish Texas education consultancy. AAO dismissed appeal, finding petitioner failed to establish national importance of the specific endeavor, which lacked identifiable unique methodologies or prospective broad impact beyond local service provision.

A professional in international educational development with advanced degree sought NIW under EB-2. AAO dismissed because while the field is important, the petitioner failed to demonstrate national importance of her specific endeavor—placing visiting teachers in U.S. classrooms—which lacks broad implications beyond limited participants.

A management and operations specialist with engineering background sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner failed to meet three of the ten required evidentiary criteria, and withdrew SCOPS findings on judging and high salary as unsupported.

A former judge seeks extraordinary ability classification based on judicial work in Armenia. The AAO found the petitioner met only the original contributions criterion and one criterion already accepted by the service center, falling short of the required three criteria. Appeal dismissed because threshold initial evidence requirements were not satisfied.

Software developer sought NIW for EB-2 exceptional ability classification. Petitioner met only two of six required evidentiary criteria: official academic record and compensation. Appeal dismissed because petitioner failed to establish exceptional ability significantly above ordinarily encountered in field, failing antecedent requirement for NIW consideration.

Ph.D. student in computer science with research focus on human-machine interfaces and AI sought EB-2 with NIW. AAO reversed service center on prong one, finding national importance established, but affirmed dismissal after finding petitioner not well positioned to advance endeavor.

A construction manager with advanced degree sought EB-2 NIW classification. The AAO affirmed dismissal, finding the record demonstrated the specific endeavor had substantial merit but lacked evidence of national importance. Letters and documents addressed the petitioner's skills, not the endeavor's national implications or economic benefits.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.

An IT professional sought EB-2 national interest waiver to establish an LLC providing custom IT services to small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite cybersecurity's overall importance, as benefits would not extend beyond the LLC's immediate clients.

Senior business analyst proposes self-employment in e-waste AI and e-commerce business. Claimed endeavor has national importance and would generate jobs and tax revenue. AAO dismissed appeal, finding endeavor lacks documented prospective impact beyond specific clients and does not meet national importance requirement under Dhanasar first prong.

IT professional with advanced degree seeks NIW to work in project management and AI adoption. AAO agreed endeavor has substantial merit but lacked national importance because benefits did not extend beyond individual employers or substantially impact the field.

HR consultant sought EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit of proposed US HR consulting endeavor but failed to establish national importance, concluding prospective impact limited to particular business rather than field or broader economy. Appeal dismissed without addressing positioning or balance arguments.

Helicopter pilot self-petitioner claimed six criteria for EB-1A extraordinary ability. AAO found three criteria met: awards, published material, and leading critical role. However, AAO denied the petition because evidence spanning only 2018–2024 does not establish sustained acclaim or placement among the very top of the field.

A telecommunications business manager self-petitioning for NIW sought EB-2 as individual of exceptional ability. The AAO found the proposed endeavor of integrating AI and IoT in telecommunications had substantial merit but lacked demonstrated national importance. The decision dismissed because petitioner failed to show specific national-level impact beyond his company.

Epidemiologist seeks EB-2 national interest waiver for research endeavor in cardiovascular devices, diabetes, nutrition, and diagnostics. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the specific proposed endeavor beyond general field importance, lacking evidence of broader impact or economic benefit.

A field engineer and X-ray fluorescence analyst sought a national interest waiver for EB-2 classification. The AAO held that while the proposed research endeavor on petroleum engineering and methane emissions demonstrates substantial merit, it lacks national importance under Dhanasar's first prong, and did not address the remaining prongs.

An advanced computing specialist sought EB-2 national interest waiver to found a consulting firm offering AI-driven sustainable computing solutions in autonomous vehicles, healthcare, and semiconductors. The AAO affirmed denial because the proposed endeavor lacked sufficient evidence of national importance, broader field impact, or substantial economic effects.

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.