Published AAO appeal decisions

Finance manager filed combined motions to reopen and reconsider a dismissed NIW appeal. AAO found motion to reconsider untimely under regulations; motion to reopen also untimely, and even if excused, contained no evidence of national importance of proposed work, the dispositive issue in prior dismissal. Both motions dismissed.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

A professional pole dancer sought EB-1A extraordinary ability classification. She claimed four criteria: awards, published material, judging, and exhibitions. The AAO found she failed to meet at least three criteria, specifically rejecting awards and published material as lacking probative evidence, and did not reach final merits analysis.

Fintech entrepreneur seeks EB-2 with NIW claiming exceptional ability. AAO found petitioner met only one of six regulatory criteria despite service center's unsupported claim of three criteria. Final merits review confirmed lack of expertise significantly above ordinary level in finance. NIW not addressed.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

An animation director seeking EB-1A extraordinary ability failed to meet three required evidentiary criteria. Membership in claimed organizations lacked judgment by recognized experts, and leading/critical role in project-based work did not qualify, dismissing the appeal.

A self-petitioner sought a national interest waiver of the job offer requirement. The service center found he qualified for the underlying classification but denied the waiver. On appeal, the AAO dismissed because the signatures on the appeal form and the representation form appeared electronically copied and not valid original handwritten signatures. The merits were not reached.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

A research teaching specialist in cell biology claimed four EB-1A criteria: original contributions, judging, scholarly articles, and leading role. The AAO affirmed that original contributions and leading role were not met. With only two criteria established, the threshold of three was not satisfied. Final merits determination was not reached.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

Cybersecurity academy founder and CEO sought EB-2 NIW. AAO found proposed endeavor had substantial merit but lacked national importance; consulting activities insufficient in scale and impact to affect field, economy, or national security broadly.

Ukrainian soccer coach claimed extraordinary ability and met three initial evidentiary criteria. AAO affirmed that the evidence did not demonstrate sustained national or international acclaim or that petitioner ranks among the very top in the field despite media coverage and training method adoption.

A business development coach from Colombia claimed extraordinary ability in social innovation and sustainable business. The AAO found he met only two of ten evidentiary criteria and did not satisfy the threshold requirement of three criteria, so dismissed without reaching the final sustained acclaim analysis.

An associate clinical professor in gastroenterology sought extraordinary ability classification. The AAO sustained the appeal, finding he met three regulatory criteria through judging, original contributions, and scholarly articles with high citations. The final merits determination found sustained national and international acclaim in inflammatory bowel disease research with extensive recognition.

Postdoctoral research associate in molecular biology seeking EB-1A extraordinary ability claimed three criteria; met two (judging, scholarly articles). AAO dismissed appeal, holding petitioner failed to establish original contributions of major significance required by regulatory threshold, thus failing to meet three required criteria.

Pole fitness performer self-petitioned for EB-1A extraordinary ability. Motions to reopen and reconsider challenged award recognition finding. AAO affirmed that pole fitness awards lack national or international recognition and that new evidence did not address insufficiencies; dismissed motions.

Abdominal radiology researcher claimed extraordinary ability. Met three evidentiary criteria: judging, scholarly articles, original contributions. AAO held she failed to demonstrate sustained national or international acclaim or top-tier status despite meeting initial criteria; citation record and peer reviews insufficient.

A business continuity planner seeks EB-2 NIW based on exceptional ability and national interest. The AAO found the endeavor has substantial merit but lacks demonstrated national importance because support for Latino small businesses lacks sufficient prospective economic impact or field-wide implications, and the petitioner failed the first Dhanasar prong.

A hip-hop artist, music producer, and model from Russia sought EB-1A classification. The AAO confirmed three criteria met: awards, published material, and commercial success. However, the final merits determination found the totality of evidence insufficient to establish sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

Construction manager and civil engineer sought EB-2 NIW. AAO dismissed the fifth motion to reopen and reconsider on procedural grounds: petitioner failed to establish new facts warranting reopening or show erroneous law or policy application. Merits were not addressed.

Automotive engineer seeking NIW for startup consulting company. Claimed national importance through workforce upskilling and STEM education. AAO dismissed because specific endeavor lacks national importance; industry importance and general workforce education insufficient under Dhanasar framework.

Pilot petitioner claimed five EB-1A criteria. AAO found membership criterion not met because fellowship selection was not judged by recognized experts. High salary claim failed because compensation matched standard rates for comparable service. Petitioner met fewer than three required criteria, so appeal dismissed without final merits review.

Postdoctoral physicist self-petitioned for EB-1A visa. Applicant met three evidentiary criteria but appeal dismissed on final merits. AAO found evidence insufficient to show sustained acclaim or placement among small percentage at very top of field despite fellowships, publications, and work at distinguished institutions.

A biomedical textiles and materials engineer seeks extraordinary ability classification. Met two of ten initial evidence criteria regarding salary and commercial success but failed membership and original contributions prongs. Decision held that meeting only two criteria does not satisfy the threshold initial evidence requirement; final merits analysis was reserved.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.