Published AAO appeal decisions

An automotive technician sought a national interest waiver with EB-2 exceptional ability classification. The AAO held that the academic record was only a general high school certificate unrelated to automotive technology, and that recommendation letters showed no significant recognition. With fewer than three criteria met, it reserved the waiver analysis and dismissed the appeal.

Lawyer with advanced degree sought NIW for EB-2 classification. Petitioner proposed using legal expertise to improve operations and profitability. AAO dismissed because working in an important field is insufficient; proposed endeavor lacked specificity and evidence of national or global implications within legal field.

Dentist with advanced degree sought EB-2 NIW for oral surgery and instruction work. AAO held the endeavor lacks national importance; while instructional work has substantial merit, it does not extend beyond individual trainees to impact dentistry field, public health, or the economy.

Soccer coach seeking NIW claiming exceptional ability and national importance of coaching services. AAO dismissed because petitioner failed to meet EB-2 exceptional ability requirement (satisfied only one of six criteria) and proposed coaching endeavor lacks national impact beyond specific employers and students served.

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

An operations manager sought EB-2 classification with national interest waiver as either advanced degree professional or person of exceptional ability. The AAO dismissed the appeal because the petitioner abandoned the threshold issue of qualifying for the underlying EB-2 classification, declining to reach the Dhanasar framework.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

A marketing consultant seeks NIW status to operate a digital and traditional marketing agency serving small and medium-sized businesses. The AAO acknowledged substantial merit but found the business plan insufficient to demonstrate national importance because benefits would not extend beyond individual client companies to impact the marketing industry.

An aromatherapist seeking EB-1A extraordinary ability classification claimed six criteria. The AAO found she did not meet the three-criterion minimum. The decision concluded her work does not demonstrate sustained national or international acclaim required for this highly restrictive classification.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Personal grooming industry entrepreneur sought EB-2 classification and NIW. AAO found petitioner categorically ineligible for EB-2 as advanced degree professional and failed to meet three exceptional ability criteria. Regarding NIW, substantial merit was found but national importance was not; endeavor lacked broader implications beyond individual barbershop business.

A cybersecurity interaction designer sought EB-1A extraordinary ability classification. He claimed original contributions and other criteria. The AAO found he met only two criteria (leading role and high salary), falling short of the three required. His design work lacked demonstrated major significance beyond employer products, and he failed to establish sustained acclaim for the classification.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

An agent petitioned for a master automotive technician and test driver for O-1A extraordinary ability classification. The beneficiary met only the awards criterion. Published material criterion was withdrawn because foreign articles were not shown to be in major media. Judging criterion was withdrawn due to insufficient corroboration. With only one criterion met, the three-criterion threshold was not satisfied.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

An airline pilot first officer/captain sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding that evidence of pilot shortages and aviation industry importance did not establish that the petitioner's specific endeavor as a commercial pilot had national importance or broader implications.

A makeup artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria on appeal but provided insufficient evidence for awards, judging, publications, salary, and membership; one criterion was abandoned. The AAO dismissed, finding petitioner did not satisfy three criteria or demonstrate extraordinary ability.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

Choreographer seeking EB-1A extraordinary ability classification in arts. Petitioner submitted evidence of exhibitions and claimed six additional criteria. AAO found only exhibitions criterion met; awards, membership, published material, and original contributions not established; appeal dismissed.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.