Published AAO appeal decisions

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Physical fitness specialist and entrepreneur sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; benefits limited to client base without broader impact on physical fitness field or obesity prevention at national level.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

A cancer researcher sought extraordinary ability classification. The AAO dismissed the appeal, affirming that he met only two criteria and failed to demonstrate original contributions of major significance or overall sustained acclaim warranting EB-1A.

A nurse sought EB-2 classification as an individual of exceptional ability and an NIW. The applicant claimed four exceptional ability criteria. The AAO found the applicant did not meet three criteria minimum and lacked expertise significantly above ordinary field level. NIW eligibility was not addressed because the underlying EB-2 classification failed.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

Fitness trainer and amateur bodybuilder sought EB-1A extraordinary ability classification. AAO affirmed director's finding that petitioner met no evidentiary criteria and lacked sustained national or international acclaim required for top percentile designation.

A security manager and fitness trainer claiming EB-1A extraordinary ability satisfied only one criterion (judging); failed to establish three or more required. AAO dismissed, finding insufficient evidence of national or international acclaim.

A self-enrichment teacher and dance academy owner seeks EB-2 national interest waiver as individual of exceptional ability. AAO found petitioner met only one of six exceptional ability criteria: advanced degree. Petitioner failed to establish ten years full-time employment, professional certifications, professional associations, or expert recognition. Appeal dismissed because petitioner lacks underlying exceptional ability eligibility.

A ballroom dance academy petitioned to classify a ballroom dance teacher as O-1A extraordinary ability. The petition was originally approved but revoked due to procedural error: the beneficiary changed employers without filing a new petition, merely amending the prior one. The AAO upheld revocation because regulations require a new petition, not an amendment, for employer changes.

A cybersecurity specialist seeking EB-2 with NIW to develop an AI framework for real-time threat detection aligned with national security priorities. Claimed the endeavor combats cyberattacks and fosters US competitiveness. AAO dismissed, finding insufficient evidence of broader industry or economic impact beyond his company and its clients.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

Biomedical scientist claimed extraordinary ability based on poster award, original contributions, and scholarly articles. AAO found only the scholarly articles criterion satisfied one of ten criteria. Award lacked specific evidence of recognition; contributions and overall record insufficient for sustained national or international acclaim required for top-tier classification.

An entrepreneur sought NIW classification for an eco-friendly furniture manufacturing business using sustainable techniques and white-label services. The AAO found the endeavor had substantial merit but lacked national importance, finding insufficient evidence of projected job creation, economically depressed area location, or substantial positive economic effects.

Entrepreneur seeking EB-2 NIW to create startup offering free AI-based higher education classes. AAO held appeal dismissed because petitioner failed to establish EB-2 eligibility; unverified master's degree and unclear profession prevented establishing advanced degree requirement; NIW analysis not reached.

Entrepreneur business consultant seeks EB-2 NIW. Failed to meet three required regulatory criteria for exceptional ability, including licensure, certification, and professional association membership. AAO found insufficient expertise level and did not reach NIW framework prongs.

An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.

Chief health officer with advanced degree seeking national interest waiver to manage hospital and reduce healthcare costs through technology. AAO affirmed that petitioner failed to establish national importance of specific endeavor; record shows only localized impact to hospital patients without broader industry or economic implications.

An actor with over two decades in film and television claimed seven evidentiary criteria and extraordinary ability. The director found three criteria met. The AAO dismissed the appeal, concluding the petitioner did not demonstrate sustained national or international acclaim or achievement placing him among the very top in entertainment, despite being accomplished.

An airline industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.

Ophthalmologist and entrepreneur sought EB-2 NIW. AAO held the business endeavor lacked national importance despite physician shortage concerns; proposed work lacked broader industry impact and unsubstantiated employment and economic projections.

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

Chief financial officer and logistics manager sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six required criteria and lacked degree of expertise above field ordinary level.