Published AAO appeal decisions

Employer sponsored beneficiary for EB-2 national interest waiver in product analytics using AI and machine learning. AAO found substantial merit but rejected national importance claim, holding that working in STEM or shortage occupations alone insufficient without broader prospective impacts to national economy.

A health management specialist sought EB-1A extraordinary ability classification, claiming three evidentiary criteria. The AAO found she met one criterion regarding scholarly articles but failed the membership criterion and reserved the leading role criterion. Because she did not establish three criteria, the final merits step was not performed, and the appeal was dismissed.

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.

Finance executive with advanced degree sought national interest waiver as EB-2. Petitioner claimed substantial merit and national importance for proposed finance role. AAO dismissed motion, finding petitioner reargued prior issues without new evidence or legal error and did not meet first prong.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

A Canadian business manager and entrepreneur seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met zero evidentiary criteria required for extraordinary ability and lacked sustained national or international acclaim as required by statute.

Machine learning engineer appealed SCOPS denial of EB-1A petition. AAO found petitioner demonstrated original contributions of major significance through highly cited research, meeting the initial evidence threshold. Matter remanded for final merits determination of sustained acclaim.

A general manager and entrepreneur in China's building materials industry seeking EB-1A classification claimed four criteria but met only two. The AAO found his awards lacked national or international recognition and his contributions, while claimed, were not proven to be original and majorly significant.

AI technology company petitioned for O-1A classification of chief technology officer. Beneficiary met only one criterion (judging); awards, membership, and published material criteria were not satisfied. Appeal dismissed because beneficiary could not meet minimum three criteria requirement for extraordinary ability.

Video game developer petitioned for senior animator as extraordinary ability in arts. SCOPS found beneficiary met one criterion (judging); AAO dismissed, holding beneficiary met only judging criterion and failed to establish sustained national or international acclaim or elite status.

Cosmetics innovator claimed EB-1A extraordinary ability for stamp crease tool invention and artistic displays. AAO affirmed denial, finding no recognized awards, insufficient evidence of original contribution, and failure to establish three criteria. Lack of sustained national or international acclaim found.

Accountant and financial audit expert with advanced degree sought national interest waiver but failed first Dhanasar prong; submitted articles on accounting field and support letters praising past work, but none established national importance of her specific proposed financial analysis and reporting endeavor.

Music instructor and musician claims national interest waiver for EB-2 immigration. Proposed endeavor to improve representation of diverse identities in orchestral music through teaching and research was found to have substantial merit but lack the national importance required under Dhanasar because impact was limited to local students and lacked broader field implications.

Lead data engineer: employer-sponsored EB-2 with national interest waiver claim. Petitioner asserted cloud computing and AI work had national importance. AAO held proposed endeavor lacked national or global implications and benefited only specific employer; first prong failed.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

An advanced manufacturing engineer seeks EB-2 with NIW. The AAO agreed substantial merit was shown but found the petitioner did not adequately demonstrate national importance of the specific endeavor. The decision remanded for the director to reconsider the third prong using STEM-field guidance from policy manual.

A pharmacist and consultant sought a waiver to create a counseling platform addressing prescription medication misuse. She possessed an advanced degree qualifying for EB-2. The AAO dismissed the appeal because her proposed endeavor lacks national importance, with benefits limited to individual platform users rather than demonstrating substantial positive economic effects or industry-wide impact.

IT specialist specializing in national security sought EB-2 with national interest waiver for an endeavor to improve digital security and IT management practices across U.S. sectors. The AAO dismissed, finding the petitioner's expertise and past accomplishments do not establish the proposed endeavor's national importance; the work would not sufficiently impact the field beyond prospective customers.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.