Published AAO appeal decisions

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.

Optical science engineer with Ph.D. in applied physics sought EB-2 with national interest waiver for research on quantum materials and superconductors. AAO found research meets first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor as required by second prong.

A business development manager seeks EB-1A visa. Appeal dismissed because AAO withdrew service center's findings on three of four criteria met, leaving only one satisfied criterion. Evidence lacks documentation of national or international acclaim or top-tier standing in field.

Teacher claiming extraordinary ability under EB-1A. AAO dismissed appeal, finding petitioner met zero of the evidentiary criteria claimed; awards lack recognition, memberships unsubstantiated, published material insufficient, judging participation undocumented. Threshold of three criteria not met.

Musician and singer seeks EB-1A extraordinary ability classification. Claimed three criteria in record: awards, published material, and original contributions. All three were rejected: awards lacked evidence of national or international recognition, published material was insufficient, and contributions were undemonstrated. AAO declined to address exhibitions and leading role criteria raised for first time on appeal.

An individual seeking extraordinary ability classification filed a third combined motion to reopen and reconsider after an earlier denial and appeal dismissal. The petitioner offered medical records to excuse an untimely earlier motion. The AAO dismissed it, finding no new facts showing error and no legal basis to accept a late motion to reconsider.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.

Professional underwater rugby player sought EB-1A extraordinary ability classification. Claimed seven criteria; AAO found three met (awards, membership, published material), meeting the regulatory minimum. Decision remanded for final merits determination on sustained acclaim.

Postdoctoral bioelectronics researcher sought EB-1A classification. AAO dismissed motion to reconsider prior appeal dismissal, affirming that record failed to establish major significance of contributions and did not meet the minimum three criteria threshold.

Information security specialist with master's degree sought NIW for cybersecurity consulting startup. Appeal dismissed because petitioner failed to establish national importance of proposed endeavor beyond personal employment and failed to demonstrate being well positioned to advance it.

Software engineer sought EB-1A extraordinary ability classification. Petitioner satisfied minimum alternative evidentiary criteria but AAO found insufficient evidence of sustained national or international acclaim or recognition placing him among the very top of his field.

A business executive in educational technology sought NIW classification. The AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar despite substantial merit. The unreliable business plan failed to demonstrate broader implications, significant employment potential, or positive economic effects required.

Veterinary pathologist seeking EB-2 advanced degree professional classification and national interest waiver. Claimed advanced degree eligibility but failed to provide competent English translation of foreign credentials as required. AAO dismissed appeal because petitioner did not establish advanced degree requirement, making remaining Dhanasar prongs unnecessary to address.

A doctoral student in earth and environmental science sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not show three exceptional ability criteria or expertise significantly above peers, and it reserved the waiver question without deciding the Dhanasar prongs.

A chief executive with advanced electrical engineering degree sought EB-2 national interest waiver to start an energy efficiency consulting business. The AAO rejected the petition, finding the proposed endeavor lacked national importance. Working in renewable energy alone does not establish national importance; the specific business must show broader prospective economic impact beyond serving individual clients.

Cardiologist sought EB-1A extraordinary ability classification. Petitioner claimed five criteria; service center found two met. AAO added high salary criterion, reaching three total, then remanded for final merits analysis of whether petitioner demonstrates sustained acclaim and top-of-field status.

A construction project manager with an engineering master's degree sought an EB-2 classification with a national interest waiver, proposing to lead infrastructure projects using sustainable and resilient methods. The AAO dismissed the appeal because the specific endeavor was not shown to have national importance, and it reserved the remaining prongs.

Transportation architect with master's degree and H-1B work history claimed seven criteria for extraordinary ability. AAO found three criteria met: judging, scholarly articles, and leading roles. On final merits, AAO determined petitioner failed to show sustained national or international acclaim or recognition required for top-tier classification.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

Realism artist seeks EB-1A extraordinary ability classification. AAO affirmed denial because petitioner satisfied only two of ten required evidentiary criteria and failed to establish three criteria including prizes, published materials, and scholarly articles. Initial evidence threshold requirement was not met.

A law and policy specialist in technology law and AI ethics sought EB-1A classification. AAO found petitioner did not satisfy three of ten initial criteria including membership, published materials, original contributions, leading role, and high salary. Initial evidence threshold not met; final merits analysis not reached.

A strategic operations lead with advanced degree claimed six criteria for EB-1A extraordinary ability. Employer-sponsored petition. USCIS found three criteria met, but AAO affirmed denial on final merits, finding insufficient evidence of sustained acclaim and top-tier status despite met threshold criteria.