Published AAO appeal decisions

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

Film and animation director sought EB-2 with national interest waiver. AAO affirmed advanced degree qualification but dismissed appeal, holding proposed endeavor failed to demonstrate national importance; cultural significance of intended television and film projects insufficient without evidence of prospective impact.

A musician sought EB-1A classification by claiming eight criteria. The AAO found one criterion satisfied but dismissed the appeal because the petitioner failed to establish three of ten required criteria. The decision held that the petitioner lacked the sustained national or international acclaim and top-tier status required for extraordinary ability.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Industrial designer seeking NIW classification. Petitioner claimed substantial merit and national importance for endeavor offering design and branding services. AAO held proposed endeavor amounted to job search lacking prospective impact beyond future employers, insufficient for national importance; appeal dismissed.

A dancer and dance instructor seeks EB-1A classification. The petitioner claimed four criteria, but the AAO found the awards lacked national recognition and judging evidence was deficient. Two other criteria were reserved as not dispositive. The AAO dismissed because petitioner failed to meet either one major award or three of ten criteria, lacking sustained acclaim at the top of the field.

Cartography manager sought EB-2 NIW for GIS development and consulting project. AAO dismissed, finding no sufficient documentary evidence establishing the specific proposed endeavor has national importance or broader field impact despite working in important data technology sector.

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

Dentist holding advanced degree seeking EB-2 with national interest waiver. Petitioner proposed consulting and research in laser dentistry. AAO found the proposed endeavor lacked sufficient specificity and evidence demonstrating potential prospective impact at national importance level. Appeal dismissed under first prong of Dhanasar.

A physical therapist assistant sought EB-2 classification as an exceptional ability professional together with a national interest waiver. The appeal was dismissed because the evidence did not satisfy enough regulatory criteria, partly due to unproven full-time experience and a license not shown to be for a profession. The waiver question was reserved and not decided.

An architect seeking EB-2 national interest waiver for sustainable housing design work claimed the endeavor addresses U.S. housing crisis with national importance. The AAO dismissed the appeal, finding insufficient evidence of how the specific proposed projects would have prospective impact of national importance beyond general industry assertions.

A hemodialysis nurse sought EB-2 classification with a national interest waiver for her proposed mobile dialysis service company. The AAO affirmed denial, finding the endeavor showed substantial merit addressing kidney disease but lacked the national importance required under Dhanasar because it would not impact the field broadly or generate substantial economic effects beyond serving her own patients.

Marketing manager sought EB-2 NIW. AAO dismissed appeal, finding insufficient evidence of national importance under Dhanasar's first prong. Petitioner's endeavor lacked detail and specificity; benefits appeared bounded by single employer rather than demonstrating broader national implications.

A military chaplain with advanced foreign degrees sought EB-2 classification and national interest waiver. The AAO found she met the advanced degree requirement but dismissed her appeal because her proposed military chaplain endeavor lacked demonstrated national importance beyond serving individual servicemembers.

An exercise physiologist and entrepreneur sought EB-2 classification and national interest waiver for work in exercise physiology and business. The AAO affirmed the service center's denial because the petitioner failed to demonstrate his proposed endeavor had national importance beyond his individual clients and lacked evidence of substantial economic impact.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

Semiconductor equipment engineer sought NIW claiming to operate and maintain semiconductor manufacturing facilities. AAO dismissed because the proposed endeavor lacked sufficient specificity and detail; showing work in an important field alone does not establish national importance of the specific endeavor.

Financial services manager with MBA sought NIW as EB-2 professional to advance KYC and AML strategies. AAO dismissed, finding proposed endeavor lacks national importance despite industry significance; petitioner failed to demonstrate prospective impact beyond employer benefits.

Platform Engineer II position in cloud infrastructure. Employer-sponsored EB-2 NIW petition. Petitioner established substantial merit but failed to show national importance of the specific endeavor; work benefited only the employer with no demonstrated broader implications or economic effects for the nation.

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Self-petitioner integration architect in energy efficiency claiming extraordinary ability. Advanced three criteria on appeal; failed original contributions as major significance not demonstrated beyond employer context. AAO dismissed appeal because claimed criteria insufficient and aggregate record lacks sustained acclaim.

A pharmacist sought EB-1A classification. She claimed membership in associations, scholarly articles, display at artistic events, and leading roles. The AAO affirmed the Director's finding that she met none of the ten criteria, failing to reach the required minimum of three, and dismissed the appeal.

Business owner in economically depressed area sought EB-2 with NIW for beauty care and candy distribution company claiming national importance through cultural enrichment and economic benefits. AAO held location in depressed area alone insufficient; proposed endeavor lacks significant employment potential or substantial positive economic effects.