Published AAO appeal decisions

Radiologist seeking NIW for radiological protection management consulting business. AAO dismissed appeal, finding petitioner failed to meet at least three exceptional ability criteria required for underlying EB-2 classification, making NIW eligibility determination unnecessary.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

A researcher claimed extraordinary ability in sciences, meeting two of ten criteria (judging, scholarly articles). AAO affirmed dismissal because original contributions lacked major significance and evidence of citations was only incremental contribution; no sustained national or international acclaim demonstrated.

An electronics technician proposed a pool heating and automation business claiming national importance for sustainability. The AAO dismissed the appeal because the specific proposed endeavor lacked national importance; letters from professors did not demonstrate how routine pool installation services would have broader implications or substantial economic effects.

An engineer sought EB-2 with NIW to open a consulting firm serving small/medium construction companies. The AAO dismissed, finding the proposed endeavor lacked national importance. Arguments about environmental and economic benefits were insufficient under Dhanasar framework.

A furniture business owner and chief executive sought extraordinary ability classification, claiming lesser awards, a leading role and high salary. The AAO dismissed the appeal because the awards criterion was not established, three criteria were not shown, and the record did not demonstrate sustained national or international acclaim.

A human resources specialist sought EB-2 NIW for a proposed HR consulting company offering diversity and inclusion workshops. The AAO dismissed, holding the endeavor lacks national importance because services to individual clients and companies, despite focus on vulnerable populations, lack prospective impact on field or national scale.

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

A musician sought EB-1A classification claiming three of ten evidentiary criteria. The AAO found he met judging and exhibitions criteria but rejected published materials and scholarly articles claims. The decision concluded the petitioner lacked the sustained national or international acclaim required for extraordinary ability.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Aquatic coach and instructor claiming EB-1A extraordinary ability in athletics. AAO affirmed denial, finding applicant failed to satisfy three required alternate criteria and lacks sustained national or international acclaim demonstrating extraordinary ability among the very top of field.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Stage construction and engineering professional sought EB-1A extraordinary ability for art, theatre, and film work. AAO held three criteria satisfied (published material, judging, leading roles) but record failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Certified accountant seeks EB-2 with national interest waiver to establish accounting consulting services firm in Florida. AAO dismissed appeal because proposed endeavor, though demonstrating substantial merit and business success potential, fails to show national importance; impact limited to clients without broader industry significance.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Self-petitioner business manager seeks EB-2 NIW to transform struggling companies through management consulting. AAO held proposed endeavor lacks national importance; petitioner's skills relate to second prong, but specific endeavor shows no prospective impact beyond clients or substantial regional or national economic effects.

A periodontist sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and high salary. However, the AAO found her research lacked sustained acclaim over time, media coverage was dated, and honors were insufficient to demonstrate she belonged among the very top in her field.

Aircraft mechanic and technician self-petitioner sought EB-2 with national interest waiver. Claimed his specific aircraft interior technician work in Florida had national importance due to aviation industry significance. AAO dismissed, finding petitioner conflated general industry importance with specific endeavor national importance and failed to demonstrate prospective impact of his individual work.

Veterinarian sought NIW for EB-2 classification to perform animal sterilization and awareness education. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks the national importance required under Dhanasar's first prong, as impact too localized to extend beyond immediate clients.