Published AAO appeal decisions

A long-distance runner sought EB-1A extraordinary ability classification, claiming a major award and four criteria. The Director applied erroneous legal standards, dismissed media evidence without basis in regulation, and failed to review supplemental RFE evidence. AAO remanded for complete reconsideration.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by Dhanasar.

Self-petitioner entrepreneur in physical education sought NIW for establishing a basketball academy in New York. AAO found the endeavor has substantial merit but lacks national importance. The proposed basketball academy and coaching would benefit only its own students without broader impact on the field, failing the first prong of Dhanasar.

An entrepreneur and electrician sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he satisfied only two of six required evidentiary criteria and therefore could not proceed to final merits or Dhanasar analysis.

Self-petitioner customer service provider and manager seeking NIW as EB-2. Claimed unique background and field importance establish national significance. AAO held the occupation's importance is immaterial; the specific endeavor lacks documentation of prospective impact beyond immediate employer or industry-wide influence.

Self-petitioner entrepreneur in finance seeking NIW as EB-2. Claimed endeavor of financial advisory and training has substantial merit and national importance. AAO held the endeavor lacks demonstrated national importance because evidence does not show broader impact on the finance industry or economy beyond the business itself.

An entrepreneur with advanced degree in finance seeks an NIW for EB-2 to establish a trucking and logistics business with a mobile application for cargo handling. The AAO dismissed because the proposed endeavor lacks national importance; initial description was vague and business plan claims were unsubstantiated without specific product or credible financial projections.

A researcher in molecular biology claimed extraordinary ability. AAO affirmed that petitioner met judging and scholarly articles criteria but failed original contributions. With only two of three required criteria met, the petition was dismissed. Petitioner did not demonstrate sustained national or international acclaim or placement at very top of field.

An attorney seeking registration as registered foreign legal consultant in California requested EB-2 national interest waiver. The AAO found no well-detailed proposed endeavor description, no demonstration that cross-border legal advice would have significant broader implications, and noted post-filing evidence of French legal authorization was untimely. Appeal dismissed.

An actuary from Brazil sought EB-2 advanced degree classification and NIW for proposed insurance consulting business. AAO found substantial merit but dismissed appeal because proposed endeavor lacks national importance; no prospective impact beyond own business and clients.

An educator seeking EB-2 NIW to provide educational consulting on learning modalities and AI in neuroeducation. AAO held proposed endeavor lacks national importance because consulting services to specific clients lack broader field-level implications required by Dhanasar framework.

An entrepreneur with an advanced degree seeking EB-2 NIW classification proposed a mental health services company offering online consultations and coaching. The AAO dismissed the appeal, finding substantial merit but no national importance; the business would benefit its own clients rather than impact the broader mental health field.

A financial manager sought EB-2 NIW. Director did not analyze underlying EB-2 eligibility. Proposed endeavor providing financial management services has substantial merit but lacks national importance; no evidence of broader field impact beyond serving employer or clients.

An actor seeking EB-1A extraordinary ability classification claimed awards, published material, judging, original contributions, exhibitions, leading roles, high salary, and commercial success. The AAO found three criteria satisfied but concluded the totality of evidence did not demonstrate sustained acclaim or placement among the very top of the field.

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

Surgeon with Brazilian medical license seeks NIW for EB-2 to work at U.S. clinical foundation. AAO affirmed denial because proposed clinical role lacked national importance. Work described typical surgeon duties without demonstrating broader medical field impact.

Elementary school teacher sought EB-2 advanced degree classification with NIW. AAO withdrew Director's EB-2 eligibility finding due to insufficient evidence of five years progressive experience; conflicting employment letters had minimal probative value. First Dhanasar prong failed: teaching third grade lacks national importance despite merit.

A taekwondo instructor sought EB-2 classification with national interest waiver. Although the director found her eligible as member of professions with advanced degree, the AAO reversed, finding her degree in law does not relate to taekwondo instruction and she lacked five years post-baccalaureate specialty experience. Appeal dismissed; NIW not reached.

An accounting consultant claims NIW for EB-2 exceptional ability classification. The AAO found she failed to meet the advanced degree requirement and did not establish at least three evidentiary criteria for exceptional ability. Since she lacked EB-2 eligibility, the court did not address the NIW national importance prongs.

General and operations manager seeking NIW for healthy fast-food restaurant business. Established EB-2 eligibility but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader implications or substantial economic effects needed for national interest.

Human resources specialist seeking NIW as EB-2 exceptional ability applicant. Failed to establish underlying EB-2 eligibility under regulatory criteria. AAO dismissed without reaching Dhanasar prongs, finding ineligibility for EB-2 classification dispositive of NIW request.

A manager in computerized metal cutting and fabrication sought EB-2 exceptional ability classification with NIW. The AAO held the petitioner failed to meet three of six evidentiary criteria for exceptional ability, and thus ineligible for underlying EB-2 classification, making Dhanasar prongs unreachable.

Civil engineer with twenty years experience in Pakistan and United Arab Emirates sought EB-1A extraordinary ability classification. AAO dismissed appeal finding petitioner satisfied only one of ten evidentiary criteria and failed to demonstrate sustained national or international acclaim required for EB-1A.

A professional holding an advanced degree sought a national interest waiver of the job offer requirement. The director found the advanced degree qualification met but denied the waiver. The AAO dismissed the appeal because the proposed endeavor was not shown to have national importance, and it reserved the remaining prongs.