Published AAO appeal decisions

Nursing coordinator sought EB-2 national interest waiver. Petitioner claimed expertise in nursing coordination and healthcare management benefiting hospitals and patients. AAO found the specific endeavor lacked national importance, affecting only the employer and patients, not the broader field or economy as required.

A surgical ophthalmologist sought extraordinary ability classification, initially claiming seven criteria. The director accepted judging and scholarly articles. The AAO agreed on judging, found the award and original contributions claims unproven, treated membership and salary as waived, and concluded the evidence did not show sustained acclaim, dismissing the appeal.

Marketing management specialist sought national interest waiver for EB-2 classification. Petitioner initially proposed marketing manager position but changed proposed endeavor to social media marketing company CEO in RFE response without explanation. Appeal dismissed because material changes to proposed endeavor prevented analysis of Dhanasar framework.

Doctoral student research scientist in robotics sought extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal because original contributions criterion unsatisfied; limited citations and letters lacking specificity did not demonstrate work was regarded as major significance or that petitioner achieved sustained national or international acclaim.

Finance executive in oil and gas industry seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO agreed her proposed work has substantial merit and she is well positioned to advance it, but found the endeavor lacks national importance: her financial management work would benefit only her employer, not the broader industry. Appeal dismissed.

Project execution supervisor sought national interest waiver for EB-2 advanced degree. AAO dismissed appeal, finding proposed work lacks national importance despite meeting prong two; improvements limited to employer's projects without broader industry impact or demonstrated U.S. economic effects.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

A post-doctoral research associate in entomology sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks sufficient specificity and documented broader impact; prior publication citations and speaking engagements do not establish that future teaching, mentoring, and research would impact the field nationally rather than only serve local students and institutions.

Ecology thought leader and activist claimed extraordinary ability through published material, original contributions, and leading critical role. AAO found published material criterion not met due to translation issues and publications not qualifying as major media. Without three criteria met, petitioner failed initial evidence requirement and lacked demonstrated sustained acclaim.

An actor seeks EB-1A extraordinary ability classification. She claimed six criteria including awards, published material, judging, and exhibitions. The AAO sustained the appeal, finding three criteria met and, on final merits, determining her decades-long award-winning career with consistent media coverage establishes sustained national acclaim at the top of her field.

A sports club petitioned for its coach, a former Olympic-level competitor, claiming extraordinary ability. The director accepted four criteria but denied on final merits regarding coaching recognition. The AAO sustained the appeal, finding the beneficiary reached the top as an athlete and sustained that acclaim as a coach.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

A computer executive employed as technical architect sought EB-1A extraordinary ability classification. The AAO found two criteria met but rejected membership and concluded evidence did not demonstrate sustained national or international acclaim. The petitioner was progressing toward the top rather than established at the very top of the field.

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore not reached.

Civil engineer with two master's degrees sought EB-2 national interest waiver for proposed construction consulting work. Qualifies as advanced degree holder but failed to establish national importance of endeavor. Petitioner showed only localized client benefits without broader field advancement or significant economic impact.

Athlete sought NIW for EB-2 as exceptional ability professional. Petitioner claimed national team membership, awards, and competition history. AAO dismissed because petitioner failed to meet underlying EB-2 eligibility criteria (did not satisfy three of six exceptional ability criteria). Dhanasar prongs reserved as analysis unnecessary without qualifying basis.

Financial analyst from Brazil seeking EB-2 national interest waiver. Proposed endeavor was general financial services work and later starting a consulting business with projected five-year revenue of six hundred thousand dollars. AAO rejected first prong of Dhanasar test; work lacks sufficient prospective impact on U.S. economy or broader financial services industry. Appeal dismissed.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner lacked required foreign equivalent of U.S. baccalaureate degree (combination of experience and coursework insufficient). Under exceptional ability, official academic record lacking. Threshold requirements unmet; waiver analysis not reached.

A cardiovascular diseases fellow sought extraordinary ability classification. He met judging and scholarly articles criteria but failed to establish three criteria minimum. His original contributions lacked demonstrated major significance despite publications and citations; his leading role claims lacked specificity. Appeal dismissed for insufficient evidence of top-tier acclaim.

Journeyman power lineman claimed exceptional ability and national interest waiver under EB-2. AAO found petitioner met only one of six exceptional ability criteria; lacked official academic records from qualifying institutions and failed to meet salary or recognition standards.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.