Published AAO appeal decisions

A global brand and marketing communications director sought extraordinary ability classification, initially claiming nine criteria. The AAO found only the leading or critical role criterion satisfied, others unmet or waived, so the three-criterion threshold was not reached and the appeal was dismissed.

A paintless dent repair specialist seeking EB-2 classification and national interest waiver to work as a micro restoration specialist in automotive repair. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the PDR field broadly or demonstrate substantial economic effects beyond the petitioner's clients.

A physiotherapist seeking EB-2 NIW classification claimed advanced degree and five years post-baccalaureate experience. The AAO dismissed the appeal, finding willful misrepresentation: inconsistent statements about education and work experience contradicted prior visa proceedings, and petitioner did not respond to notice of intent to dismiss.

Journalist sought EB-2 classification and national interest waiver for work writing articles and teaching in Florida. AAO dismissed appeal finding the endeavor has substantial merit but lacks national importance because work would not extend beyond immediate audience to impact journalism field broadly.

Business director sought EB-2 with national interest waiver for ventures in real estate, digital marketing, and healthcare. AAO dismissed because proposed endeavor lacked evidence of national importance. Although ventures might generate local economic growth and jobs, they did not demonstrate broader field implications or national-scale impact required by Dhanasar.

An automotive journalist claimed five EB-1A criteria beyond the leading role criterion the director found met. The AAO affirmed rejections of awards, published material, and judging criteria. With only one criterion met, petitioner failed the threshold and lacked sustained international acclaim.

Quantum mathematics researcher sought national interest waiver as advanced degree holder. Met EB-2 advanced degree requirement but failed first Dhanasar prong. Recommendation letters lacking specificity about proposed endeavor; insufficient evidence that research has national importance beyond field prestige.

A supply chain and logistics operating manager sought a national interest waiver for a company supporting supply chain resilience. The AAO dismissed because the specific endeavor lacked national importance; while supply chain security is important, the petitioner did not show innovation or demonstrate that projected five to sixteen employees would create substantial economic effects.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

Business development executive sought EB-1A extraordinary ability classification. Claimed four criteria; director found only judging satisfied. AAO affirmed that published book was not scholarly article, original contributions lacked major significance in field, and evidence did not demonstrate sustained national or international acclaim required for extraordinary ability.

An electrical engineer proposed work in sustainable energy, smart telecommunications, and lighting systems, claiming alignment with national clean energy initiatives. The AAO held that importance of sustainable energy as field does not establish national importance of her specific endeavor; no evidence she would directly employ U.S. workers or achieve field-wide impact.

Dentist entrepreneur operating dental clinic seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding proposed endeavor lacks national importance because operating one clinic does not demonstrate significant potential to employ U.S. workers or impact dentistry field broadly.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A business manager proposed developing a company creating accessible kitchen supplies for people with disabilities. The AAO dismissed the appeal, agreeing that while the endeavor had substantial merit addressing societal needs, petitioner failed to demonstrate national importance, lacking evidence of impact beyond prospective clients or significant economic or employment effects.

A triathlete seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required evidentiary criteria: published materials and awards. She did not establish membership in elite associations or critical roles, and failed to demonstrate sustained national acclaim placing her in the small percentage at the very top of triathlon.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

Entrepreneur in business consulting sought EB-2 national interest waiver. The AAO found her advanced degree qualification met but dismissed the appeal, holding her proposed consulting endeavor for international trade and women entrepreneurship lacked sufficient national importance beyond direct client and employee benefits.

A sales operations manager entrepreneur seeking EB-2 exceptional ability and national interest waiver for sales consulting and course offerings. The AAO affirmed that the petitioner failed to meet at least three of six exceptional ability criteria, particularly lacking ten years full-time experience, demonstrating exceptional salary, and showing industry recognition.

Self-petitioner seeking to work as IT specialist proposed collaborating with technology companies on IT services. AAO dismissed appeal, finding endeavor lacked national importance; petitioner conflated field importance with endeavor importance and failed to demonstrate specific prospective impact or economic effects.

Urban planner with foreign advanced degrees in architecture and sustainable urban planning seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed national importance prong. Decision held that creating 15-minute cities at specific location lacks broader field implications or national-level significance required by Dhanasar.

Entrepreneur and business administrator seeking EB-2 exceptional ability with NIW failed to meet any of four exceptional ability criteria claimed. AAO held petitioner lacked sufficient corroborating evidence for experience, professional license, membership in professional associations, or industry recognition.

A choreographer sought EB-1A extraordinary ability classification. She claimed membership in Actors' Equity and published material criteria. The AAO found AEA membership does not require outstanding achievements and thus fails the membership criterion. Because fewer than three criteria were met, the AAO dismissed the appeal without reaching final merits.

An aviation maintenance specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO found the salary and recognition evidence insufficient, concluded the minimum threshold criteria were not satisfied, and reserved the Dhanasar analysis as unnecessary, dismissing the appeal.

A general and operations manager seeking EB-2 advanced degree classification and NIW claims his Brazilian fried chicken franchise has national importance. The AAO dismissed the appeal, holding the petitioner failed to establish the endeavor has national importance as required by the first Dhanasar prong; no broader implications demonstrated.

An account specialist and insurance agent sought EB-2 NIW. The AAO found the petitioner satisfied the advanced degree requirement but failed the first Dhanasar prong: the proposed work lacked national importance because contributions to accounting knowledge and diversity would not extend beyond her employer and clients to impact the field broadly.