Published AAO appeal decisions

Doctoral student in mathematics sought EB-1A extraordinary ability classification. Petitioner met only scholarly articles criterion; did not satisfy three-criterion threshold. AAO declined to analyze original contributions claim as insufficient initial evidence. No evidence of sustained national acclaim.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Engineering project manager seeking NIW. Appeal dismissed because petitioner failed to establish eligibility for underlying EB-2 classification; credential evaluation did not comply with regulatory requirements and did not demonstrate academic equivalency of foreign education.

Infectious disease physician with medical training and fellowship sought EB-1A extraordinary ability classification. Claimed three criteria beyond two already met (judging, scholarly articles). AAO affirmed that original contributions did not demonstrate major field significance; citation counts and expert letters insufficient. Evidence collectively showed no sustained acclaim or position among field elite.

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.

Legal adviser self-petitioner sought national interest waiver for EB-2. AAO dismissed appeal, holding proposed endeavor as foreign legal consultant lacks national importance; work would benefit specific employers and Brazil-focused clients, not the legal field or U.S. economy broadly.

A martial arts coach sought EB-2 classification with national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor as a coach and trainer lacked sufficient evidence of substantial merit and national importance, failing the first prong of the framework.

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

A geophysicist engineer seeks NIW for EB-2. AAO dismissed because petitioner failed to establish U.S. equivalency of foreign advanced degree, thus lacking underlying EB-2 qualification; proposed endeavor also lacks demonstrated national importance.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.

An athlete seeking NIW claimed exceptional ability through criteria including ten years full-time experience and recognition. The AAO dismissed the appeal, finding he did not meet three of six regulatory criteria for exceptional ability, thus did not qualify for underlying EB-2 classification.

A painter from Russia claimed extraordinary ability through six evidentiary criteria. The AAO affirmed that he met judging and exhibition criteria but rejected awards and published material claims. The AAO dismissed the appeal, finding insufficient evidence of national or international acclaim or top-tier status.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.

An author from Guatemala sought EB-1A extraordinary ability classification. The AAO upheld the director's finding that the petitioner met only one of ten evidentiary criteria (judging). Awards lacked national or international recognition and claimed associations do not require outstanding achievements for membership. The petitioner failed to demonstrate sustained international acclaim required for extraordinary ability.

Nurse sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance under first Dhanasar prong; work impacts specific patients and workplace but not the nursing field or U.S. healthcare industry broadly.

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

A martial arts competitor and coach sought EB-1A classification. The AAO found he did not meet the initial evidence threshold of a major award or three evidentiary criteria. Awards lacked demonstrated national or international recognition, and published material related to his work as a player rather than coach. The petition was dismissed.

Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.

A chemical engineer sought EB-2 classification with national interest waiver. The AAO found the petitioner did not establish eligibility for the underlying EB-2 advanced degree or exceptional ability classification because the record lacked evidence of requisite academic credentials and progressive employment experience, making the waiver issue moot.

Entrepreneur with environmental sustainability focus seeks NIW under exceptional ability classification. Proposed business combines recycling with farm consulting services. AAO dismissed appeal, finding the endeavor lacked sufficient specificity, detail, and evidence of national importance; inconsistencies in proposal unaddressed.

A medical consultant and former hospital department director in China claimed extraordinary ability through publications, citations, and peer review. The AAO found she met only two of ten criteria and dismissed the appeal, concluding her work did not demonstrate the sustained national or international acclaim required for extraordinary ability classification.

A general manager with an advanced degree sought an EB-2 national interest waiver for a business consulting venture in mergers, acquisitions, and foreign direct investment. The AAO found the proposed endeavor lacked national importance despite stated job creation intentions, as evidence showed limited prospective impact beyond immediate clientele.

Nursing coordinator sought EB-2 national interest waiver. Petitioner claimed expertise in nursing coordination and healthcare management benefiting hospitals and patients. AAO found the specific endeavor lacked national importance, affecting only the employer and patients, not the broader field or economy as required.