Published AAO appeal decisions

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

An electronics engineer proposed a business offering technical support and consulting to television and streaming enterprises and self-petitioned for EB-2 national interest waiver. AAO dismissed, holding the proposed endeavor lacks substantial merit and national importance because it shows no significant potential for employment, economic impact, or contribution to advancing technology or field.

A clean energy specialist sought EB-2 national interest waiver as advanced degree professional. AAO agreed underlying EB-2 eligibility was met but found proposed endeavor had substantial merit but not national importance under Dhanasar. Petitioner showed only local economic potential, not broader prospective national impact. Appeal dismissed.

A technical program manager claimed extraordinary ability under EB-1A, meeting two of ten criteria. The AAO dismissed the appeal, finding insufficient evidence of extraordinary ability. Petitioner satisfied judging and scholarly articles criteria but failed to demonstrate that his original contributions had major significance or that he had national or international acclaim.

A process engineer seeks EB-2 national interest waiver for hydrogen membrane reactor research and development. Appeal dismissed because petitioner failed to establish substantial merit and national importance of proposed endeavor under Dhanasar's first prong; description lacked sufficient specificity and evidence of broader impact. Second and third prongs not reached.

Investment fund director with eleven years in private equity and banking claimed five criteria plus comparable evidence. AAO found published material and comparable evidence (display) criteria met, satisfying the three-criterion threshold. However, on final merits, petitioner failed to demonstrate sustained acclaim or position among the small percentage at the very top of his field, so appeal was dismissed.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

Computer scientist with master's degree in electrical engineering sought EB-2 NIW for individual research optimizing spectrum sensing in wireless networks. AAO found endeavor has substantial merit but lacks national importance. Petitioner failed to show individual research would impact field on scale commensurate with national importance despite field relevance.

Supply chain management researcher self-petitioned for EB-2 national interest waiver. Service center denied waiver despite advanced degree qualification. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States.

A management analyst with advanced degree claims NIW for small business closure reduction consultancy in underserved areas. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance; evidence on field importance does not demonstrate specific endeavor's broader implications.

A music video producer and director from Ukraine claims extraordinary ability. He satisfied only two of ten evidentiary criteria, falling short of the three-criterion minimum needed. AAO dismissed appeal, holding his awards lacked national or international recognition and association membership claim unsupported.

Makeup artist self-petitioner claimed extraordinary ability under EB-1A, asserting five criteria. AAO found only published material criterion met, fell short of three-criterion threshold, and found no sustained acclaim or top-tier status. Appeal dismissed.

Technology entrepreneur and CEO claims extraordinary ability in AI systems and industrial devices. Petitioner satisfied two criteria (scholarly articles, critical role) but failed to meet three required criteria. Awards claim unsupported; venture capital not a recognized prize. Membership requirements lack outstanding achievement standard. Appeal dismissed.

Social work program manager entrepreneur seeks NIW to establish mental health technology platform for students, school staff, and parents via mobile app and consulting. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; impact limited to individual clients without broader field-wide or economic effects.

A teacher seeks EB-1A classification claiming awards, contributions, judging, and scholarly articles criteria. The AAO found only two criteria met by the service center. It rejected awards as lacking international recognition, rejected original contributions for insufficient evidence of major significance, and declined to reach a final merits determination because the petitioner failed the threshold requirement of three criteria.

A singer sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding although the petitioner satisfied three initial criteria, the record did not establish sustained national or international acclaim or status among the very top singers in the field.

An information systems researcher self-petitioned for EB-1A extraordinary ability classification. Although three initial criteria were satisfied, the applicant failed to establish sufficient additional criteria or sustained national or international acclaim. The AAO found original contributions lacked major significance, published materials came from non-major outlets, and comparative salary evidence was absent.

A technician sought EB-2 classification with a national interest waiver, claiming exceptional ability. The AAO found the petitioner failed to submit required initial evidence for EB-2 qualification and did not establish exceptional ability. Because EB-2 eligibility was not shown, the NIW analysis was not reached.

Chief executive seeks extraordinary ability classification. Claimed judging, awards, and leading role criteria. AAO found awards not for field excellence, judging lacked corroboration, and critical role unestablished. Fewer than three criteria met; appeal dismissed.

Veterinarian seeks NIW for EB-2 classification with unclear proposed endeavor involving ultrasound services for animals. AAO found substantial merit but rejected NIW because petitioner failed to demonstrate national importance; sector-wide shortage and evidence of industry need do not establish petitioner's specific endeavor has broader national or global implications.

A mechanical engineer with advanced degree sought NIW for a robotics research endeavor while employed full-time elsewhere. The AAO affirmed dismissal because the petitioner failed to establish that the specific proposed endeavor had national importance, showing only that robotics broadly benefits the field rather than demonstrating distinct national implications.

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

Computational fluid dynamics researcher with advanced degree sought national interest waiver as EB-2. Petitioner proposed research on thermal management systems. AAO dismissed appeal, finding inadequate evidence of research success, sustained government funding interest, or detailed plan for advancing proposed endeavor.

A systems engineer sought NIW to design cybersecurity frameworks for U.S. energy and oil-gas infrastructure. The AAO dismissed the appeal, finding the proposed endeavor scope too broadly defined and implausible, and that general cybersecurity importance did not establish the specific endeavor's national importance.