Published AAO appeal decisions

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

A clinical nurse specialist proposed home healthcare business citing national nursing shortage and claiming ripple effects on U.S. healthcare. The AAO held that field importance does not establish national importance of the specific endeavor; her proposed company would lack substantial economic impact beyond regional or company-level operations.

A jeweler self-petitioner claimed extraordinary ability under EB-1A, asserting four criteria including awards, membership, published material, and scholarly articles. The AAO upheld the service center's denial, finding no criterion met due to insufficient evidence of national or international recognition and lack of authentic documentation of the petitioner's extraordinary status.

Physician in fetal medicine/OB-GYN seeking NIW for EB-2. Claimed national importance through field importance articles and AMA economic impact study. AAO dismissed, finding physician failed to demonstrate national importance of specific endeavor or improvements over existing methodologies.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

Attorney sought EB-2 advanced degree or exceptional ability classification with NIW. Director denied motion to reconsider without establishing new legal analysis. AAO dismissed appeal holding director properly followed procedural requirements for motion denial.

A chemistry professor seeks EB-1A extraordinary ability classification. Petitioner claimed satisfaction of multiple criteria including original contributions (criterion v) and two others (iv, vi). AAO affirmed director's finding that original contributions did not demonstrate major significance and that petitioner failed to meet three criteria required. Appeal dismissed; record does not support extraordinary ability standard.

A human resources professional and entrepreneur sought national interest waiver for EB-2. AAO dismissed, finding her proposed HR consulting endeavor, while benefiting her clients, lacks national importance and substantial positive economic effects at regional or national level.

A screenwriter, director and producer sought extraordinary ability classification. The service center accepted that three initial criteria were satisfied but found no sustained acclaim. The appeal was dismissed because the final merits review showed only one dated award and shared project success, without individual recognition at the very top of the field.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.

Industrial machinery mechanic proposing fuel pellet manufacturing business seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, finding proposed endeavor lacked national importance because applicant failed to show how his specific business would have broader implications in the field.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

An entrepreneur seeking to establish dispatch and delivery services between the US and Eastern Europe claimed a national interest waiver. The AAO affirmed dismissal, finding the proposed endeavor lacked national importance, being confined to the applicant's company without demonstrating broader industry impact or substantial economic effects.

An IT consulting CEO proposed establishing a company in a HUBZone claiming national importance through employment projections and revenue generation. The AAO held the specific endeavor lacks national importance because it would only benefit prospective customers and employees; employment and tax projections alone do not establish substantial economic effects at national level.

Construction business manager sought EB-1A extraordinary ability. Petitioner submitted untranslated materials without explaining which criteria addressed, failed timely RFE response, and provided only generic client appreciation letters. Appeal dismissed for failure to identify grounds.

Financial manager sought EB-2 NIW. AAO held the proposed endeavor lacked national importance because it would not impact the financial field broadly and lacked significant potential for U.S. employment or substantial economic effects. Appeal dismissed.

A coffee shop entrepreneur sought EB-1A classification. The AAO affirmed the director's finding that the petitioner did not meet the awards criterion and concluded the remaining claimed criteria were not established. The record showed local success but no evidence of extraordinary ability at the national or international level.

A cardiac physiologist from India sought EB-1A extraordinary ability classification. He met three initial evidentiary criteria and demonstrated sustained international acclaim through top 1% citation rate and influence on clinical guidelines. The AAO sustained the appeal, finding the Director overlooked significant evidence of recognition and achievement.

A cosmetologist seeking EB-2 classification with NIW claimed substantial merit and national importance for her proposed endeavor. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of her proposed work, which lacked broader implications beyond personal practice.

A product administrative support coordinator in finance sought EB-2 classification with NIW for a credit union financial consulting firm. The AAO dismissed the appeal because the proposed endeavor lacked national importance; financial projections were unsupported and broader implications were not established.

A general and operations manager in manufacturing sought EB-2 exceptional ability and NIW. AAO dismissed, finding he satisfied only two of six regulatory criteria, falling short of the three required; NIW prongs reserved.

Sustainability specialist sought EB-2 with national interest waiver. He claimed work helping companies become sustainable would address climate change and create jobs. AAO dismissed because the proposed endeavor lacked sufficient evidence of national importance; general assertions about economic impact without concrete corroboration were insufficient.