Published AAO appeal decisions

Swimmer self-petitioner sought EB-1A extraordinary ability classification. Met three initial criteria but AAO affirmed dismissal, finding no sustained national or international acclaim; personal best times ranked outside top tier of global swimmers; national records insufficient to demonstrate top-tier recognition.

A business data engineer sought extraordinary ability classification, claiming several evidentiary criteria after the service center found none met. The AAO accepted the judging criterion but found membership and original contributions unmet. It dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

A micropigmentation makeup artist sought extraordinary ability classification in the arts. After an earlier summary dismissal of the appeal, she filed combined motions to reopen and reconsider. The AAO dismissed them because no new fact showed the appeal had identified a specific error, and no misapplied law or policy was shown.

Self-employed photographer sought EB-2 with national interest waiver. AAO found petitioner met only one of six exceptional ability criteria (academic degree), failing to establish three required criteria. Because underlying EB-2 qualification not established, Dhanasar waiver analysis not reached.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

Senior project manager in business management claimed extraordinary ability under EB-1A. Petitioner met judging and high salary criteria but failed awards, membership, and original contributions criteria. AAO dismissed appeal because petitioner satisfied only two of the required three alternate criteria and lacked sustained national or international acclaim.

An entrepreneur without demonstrated advanced degree equivalent sought EB-2 classification as general operations manager for soccer club or events business. AAO dismissed appeal, finding petitioner failed to establish EB-2 eligibility and therefore could not qualify for NIW, without reaching Dhanasar prongs.

A soccer camp petitions for O-1A for a beneficiary transitioning from professional soccer player to coach. The AAO remanded because the Director improperly excluded athletic achievements in assessing extraordinary ability and erred in rejecting the gold medal as major award without requesting additional evidence on coaching eligibility.

Sales representative with advanced degree seeks NIW. Petitioner resubmitted RFE response without addressing Director's grounds for denial. Appeal summarily dismissed under procedural rule because petitioner failed to identify specific erroneous conclusions of law or fact.

Software developer sought EB-2 with national interest waiver. Claimed software engineering work for US company had substantial merit and national importance. AAO held proposed endeavor lacked specificity and national importance; no prospective impact beyond employer and clients; first prong of Dhanasar failed.

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

A self-petitioner researcher in geospatial information management sought an NIW as an advanced degree professional. The AAO affirmed denial, finding she demonstrated substantial merit and was well-positioned but failed to establish the national importance of her proposed research as required by Dhanasar's first prong.

A nurse sought EB-2 classification with national interest waiver. The AAO affirmed that she lacked an advanced degree equivalent and failed to establish five years of progressive post-baccalaureate experience. As she did not qualify for the underlying EB-2 classification, the Dhanasar analysis was not reached.

A pilot sought EB-2 classification with national interest waiver. The AAO found the petitioner failed to meet evidentiary criteria for exceptional ability or advanced degree professional status, lacking sufficient documentation from employers and relevant credentials, and therefore was ineligible for the underlying classification and waiver.

Vocational agricultural teacher sought EB-1A extraordinary ability classification. Initial petition denied for failing to meet three of ten criteria; appeal dismissed. Motion to reopen and reconsider sought reconsideration without identifying legal error and submitted job offer dated after petition filing, which cannot establish eligibility retroactively. Motion dismissed.

An entrepreneur seeking EB-2 classification with national interest waiver claimed to work in oil and gas consulting. The AAO found the petitioner failed the first Dhanasar prong by providing vague, contradictory descriptions of the proposed endeavor without establishing its specific national importance.

A software engineer with ten years of experience sought an EB-2 national interest waiver for work in cloud security and big data analytics. The AAO affirmed denial, finding his proposed endeavor lacked national importance because he provided no specific evidence of prospective impact extending beyond his own company or immediate clients to the broader industry or economy.

Employer-sponsored Spanish language instructor using art to teach foreign languages sought EB-1A. Met two criteria: judging and critical role. AAO dismissed because record lacked sufficient evidence of sustained national or international acclaim required for extraordinary ability.

Medical scientist seeking EB-2 with national interest waiver. Claimed proposed endeavor to bridge Korean and U.S. medical systems had substantial merit and national importance, and that he was well positioned to advance it. AAO found the endeavor lacked specificity, techniques were not clearly identified or proven superior to existing U.S. offerings, and no demonstrated partnerships or interest from relevant institutions.

A bassoonist claiming EB-1A extraordinary ability satisfied two of ten evidentiary criteria: judging and artistic exhibitions. The AAO dismissed the appeal because the petitioner failed to demonstrate a third required criterion and lacked evidence of sustained national or international acclaim necessary for extraordinary ability classification.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.

Athletic coach claimed three criteria for extraordinary ability in soccer coaching. Director found one criterion met. Petitioner on appeal reasserted awards and published material criteria. AAO held petitioner failed to establish awards were nationally recognized or that published material about him as coach appeared in major media, lacking required sustained acclaim.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.