Published AAO appeal decisions

Financial analyst sought EB-2 NIW classification. AAO dismissed fourth motion to reopen and reconsider, finding petitioner failed to establish exceptional ability qualification underlying the NIW petition and did not demonstrate prior decision was legally erroneous.

Administrative services and facilities manager sought EB-1A extraordinary ability classification. AAO dismissed because petitioner failed to meet the minimum three of ten evidentiary criteria. Awards and membership criteria were not met; artistic exhibition criterion inapplicable to administrative work; record did not demonstrate sustained national or international acclaim.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

A pharmaceutical researcher with advanced degree seeking EB-2 classification and national interest waiver for nanotechnology drug delivery research targeting cancer and HIV. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor advances federal priorities, petitioner well-positioned through expertise and proven success, and waiver benefits U.S. public health.

A logistician sought EB-1A classification claiming four evidentiary criteria. The AAO affirmed dismissal, finding the petitioner failed to document individual association membership and lacked evidence of judging others' work in logistics. Meeting only two of ten required criteria precluded reaching final merits analysis.

A software engineer seeks EB-2 with national interest waiver to develop a secure video conferencing platform with AI-assisted features. He claimed the endeavor would drive economic growth and innovation but provided no evidence of national importance or broader industry impact. The AAO affirmed dismissal of the appeal.

A digital marketing business consultant and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The AAO disagreed with the service center that three criteria were met, finding none of the first five satisfied, and declined to reach the sixth, the final merits, or the Dhanasar framework.

An individual seeking extraordinary ability classification had a petition denied and an earlier appeal dismissed. Combined motions to reopen and reconsider were filed after the 33-day deadline, and the delay was not shown to be reasonable and beyond the petitioner's control. The AAO dismissed both motions as untimely and for lacking new facts or legal error.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

Cybersecurity specialist seeks NIW to establish consulting company as CEO. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor, lacking evidence the company would operate at scale or have broader implications for cybersecurity industry despite cybersecurity being government priority.

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.

Bacteriologist and clinical analyst claimed an NIW for consulting and entrepreneurial work in healthcare. AAO found the proposed endeavor had substantial merit but lacked national importance because it was limited to one company's clients and evidence did not show government interest, funding, or broad sectoral implications.

An early childhood and special education teacher sought EB-2 classification as an individual of exceptional ability, plus a national interest waiver. The AAO dismissed the appeal, finding that the membership and recognition criteria were not met and that expertise significantly above the norm was not shown, and reserved the waiver question.

Spanish voiceover actor for dubbing and localization sought EB-1A extraordinary ability classification. AAO remanded because service center failed to address three claimed criteria despite petitioner providing evidence in initial petition and response to RFE, denying fair opportunity to contest on appeal.

Wedding and event planner specialist seeks EB-1A extraordinary ability classification. Claimed major award and three evidentiary criteria. AAO dismissed, finding no major award, unmet criteria for lesser awards and original contributions, and record lacks evidence of sustained national or international acclaim or top-tier field status.

A mechanical engineer and postdoctoral researcher sought NIW for research on catalysts for fuel cells and batteries. AAO found all three Dhanasar prongs satisfied: proposed research has national importance for U.S. competitiveness, petitioner is well positioned to advance it, and waiver benefits the United States.

A self-petitioner sought extraordinary ability classification, and the appeal was previously summarily dismissed along with earlier motions. On a second combined motion, the AAO dismissed both the motion to reopen and the motion to reconsider because no new facts, brief, evidence, or legal error were shown. No criteria were decided.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.