Published AAO appeal decisions

A philosophy researcher claimed seven extraordinary ability criteria; SCOPS found four met. AAO, in final merits determination, dismissed the appeal, concluding the totality of evidence does not demonstrate sustained national or international acclaim or that petitioner is among the very top of the field despite meeting initial criteria.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Energy policy analyst with master's degree sought EB-2 with national interest waiver to research energy policy reforms. The AAO dismissed the appeal because the petitioner failed to establish the proposed endeavor has national importance, lacking concrete evidence of economic impact, employment creation, or differentiated methodology from existing research.

Street dancer and cultural advocate sought EB-1A extraordinary ability classification for education and advocacy work. AAO dismissed appeal, finding petitioner failed to meet initial evidence requirement of three regulatory criteria. Awards were for competitive dancing not education; association membership inadequately documented; sustained national acclaim not established.

Biotechnology researcher proposes developing genomic editing tools for disease modeling and gene therapy targeting neurodegenerative and autoimmune disorders. AAO found the endeavor has substantial merit but rejected it because the record fails to establish the proposed endeavor's prospective impact or national importance, relying instead on general industry importance.

An accountant claimed extraordinary ability in business. Although service center found three criteria met, AAO affirmed denial because evidence of publications, editorial work, and awards clustered shortly before filing in 2025, failing to show sustained national or international acclaim required.

An English teacher and educational administrator from Turkey seeking EB-2 NIW classification failed to establish eligibility for the underlying advanced degree classification and did not demonstrate that her specific endeavor of integrating immigrants into the U.S. educational system had national importance, warranting dismissal.

Computer engineer with master's degree seeks NIW for research in advanced computational models, brain-machine interfaces, and smart sensors. AAO found proposed endeavor has substantial merit but lacks demonstrated national importance or evidence of impact on healthcare, neurotechnology, agriculture, or public health fields.

Physical therapist seeking EB-2 with NIW to operate healthcare clinic in the United States. AAO found petitioner met underlying advanced degree requirement but proposed endeavor lacks national importance. While addressing healthcare field shortage, evidence insufficient to show prospective impact beyond local clinic operations reaching national significance.

A self-petitioner proposes directing volleyball and soccer classes for low-income children. AAO affirmed service center revocation, finding proposed endeavor lacks national importance; offering youth sports to specific populations does not extend broader implications to industry, region, or nation required by Dhanasar.

A short-form content creator with large social media presence claimed extraordinary ability but satisfied only two evidentiary criteria (published material and critical role). On appeal, the AAO rejected the awards criterion due to insufficient documentation of selection criteria and merit-based recognition. With fewer than three criteria met, the AAO declined to reach final merits and dismissed.

A specialist mechanic sought EB-2 classification with national interest waiver. The AAO dismissed a motion to reopen and reconsider filed 74 days late. The motion was procedurally defective; the petitioner failed to demonstrate reasonable delay beyond its control when correcting a payment error.

A financial services professional with expertise in operational risk management sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because his proposed endeavor to modernize fraud prevention and compliance infrastructure lacked demonstrated national importance. His plan would benefit limited stakeholders and offered insufficient evidence of substantial positive economic effects.

A synthetic organic chemist met at least three initial EB-1A criteria but failed the final merits step. AAO found his judging experience and publications insufficient to show he rose to the very top of the field or enjoyed sustained national or international acclaim.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

Information security associate vice president claimed seven criteria and satisfied three: judging, leading role, and high salary. AAO held initial evidence requirements met but final merits analysis showed insufficient evidence of sustained acclaim or placement among small percentage at top of field.

A dancer, choreographer, and coach met only two initial criteria and failed to demonstrate sustained national or international acclaim. AAO withdrew the service center's award finding and affirmed the final merits determination, dismissing the appeal.

An electrical engineer sought EB-2 classification with a national interest waiver. The AAO dismissed because the record did not establish she held an advanced degree. She had completed only part of a Ph.D. program and provided no official academic record or proper translation certification. Without satisfying the underlying EB-2 qualification, the Dhanasar prongs were not addressed.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

A business executive in the pomegranate industry filed motions to reopen and reconsider an EB-1A extraordinary ability appeal. The AAO dismissed both motions, finding no new facts warranting reopening and no incorrect application of law or policy in the prior dismissal.

Process engineer with master's degree in chemistry seeks NIW for research optimizing manufacturing of paper and polymer composites for sustainable energy. AAO held the proposed endeavor lacks national importance under Dhanasar first prong; working in important field is insufficient without demonstrating specific endeavor's broad prospective impact.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

Automotive engineer sought EB-2 NIW for autonomous vehicle research and development. AAO dismissed appeal because petitioner provided only broad, general claims without a specific, detailed proposed endeavor required under Dhanasar framework.

Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.