Published AAO appeal decisions

Biocompatibility material scientist with Ph.D. seeking EB-2 classification and national interest waiver. Petitioner demonstrated all three Dhanasar prongs: proposed wound care research has national importance, petitioner is well-positioned with advanced degrees and expertise, and waiver benefits U.S. interests. Appeal sustained.

Audio, mixing, and recording engineer sought O-1A nonimmigrant classification through employer sponsor. Petitioner failed to establish award nomination or three of six alternate criteria. Only one criterion met (significant recognition). Lead role performances and required documentation forms not established.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

An oceanographer sought EB-1A extraordinary ability classification. She met two criteria: scholarly articles and judging. The AAO found her original contributions did not show major significance and that she lacked the sustained national or international acclaim and top-tier standing required for EB-1A classification.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

Marketing manager with advanced degree sought EB-2 national interest waiver. Director found advanced degree eligibility established. AAO affirmed denial, finding proposed endeavor lacked national importance; no evidence of projected economic impact or job creation at national level.

IT instructor with advanced degree seeks NIW for EB-2 classification to provide IT training and workforce development to reduce crime and close digital divide. AAO dismissed appeal, holding the proposed endeavor lacked national importance; teaching students does not demonstrate broader impact on IT field or substantial economic effects.

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

A hospitality entrepreneur and bar professional sought extraordinary ability classification, claiming eight criteria. The Director accepted two, judging and leading role. The AAO agreed on those two but found the awards criterion unmet and deemed scholarly articles waived. It concluded that three criteria were not satisfied and that sustained acclaim was not shown.

A karate athlete sought EB-1A extraordinary ability classification. The petitioner claimed awards, published material, and membership criteria. The AAO found the awards were not nationally or internationally recognized for excellence due to competition restrictions, articles lacked proper documentation, and the overall record did not evidence sustained international acclaim or top-tier standing.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.

Attorney and international tax consultant with advanced degree seeking EB-2 NIW for self-employment in tax consulting. Met underlying advanced degree classification but failed first Dhanasar prong because specific endeavor lacked national importance. Creating eight jobs and tax revenue insufficient to establish substantial prospective impact warranting waiver.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

Professional baseball player in Dominican Republic claimed four criteria for EB-1A. AAO found awards and high salary met but rejected published material; membership not established. Only two criteria satisfied; three required. No sustained international acclaim shown.

Microbiology researcher met three initial evidentiary criteria: judging, scholarly articles, and original contributions. AAO sustained appeal finding petitioner demonstrated sustained national and international acclaim through high citation rates, publications in distinguished journals, international presentations, and peer review work indicative of top-tier expertise.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

Mixed martial arts athlete claimed major international award and four additional criteria. Director found only published material criterion met. Petitioner on appeal reasserted major award and other criteria. AAO held petitioner lacked evidence of major international award recognition and original athletic contributions, failing sustained acclaim standard.

A general and operations manager sought a national interest waiver for EB-2 classification, proposing to provide expert managerial services to U.S. companies. The AAO dismissed the appeal because the specific endeavor lacks national importance; it would benefit only individual employers and clients, not the broader field or economy.

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.

Information security specialist sought NIW under EB-2. AAO found his proposed work in IT consulting and cybersecurity has substantial merit but lacks national importance because no documentary evidence shows broader field impact beyond employer benefit. Appeal dismissed.