Published AAO appeal decisions

Employer-sponsored Spanish language instructor using art to teach foreign languages sought EB-1A. Met two criteria: judging and critical role. AAO dismissed because record lacked sufficient evidence of sustained national or international acclaim required for extraordinary ability.

Medical scientist seeking EB-2 with national interest waiver. Claimed proposed endeavor to bridge Korean and U.S. medical systems had substantial merit and national importance, and that he was well positioned to advance it. AAO found the endeavor lacked specificity, techniques were not clearly identified or proven superior to existing U.S. offerings, and no demonstrated partnerships or interest from relevant institutions.

A bassoonist claiming EB-1A extraordinary ability satisfied two of ten evidentiary criteria: judging and artistic exhibitions. The AAO dismissed the appeal because the petitioner failed to demonstrate a third required criterion and lacked evidence of sustained national or international acclaim necessary for extraordinary ability classification.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.

Athletic coach claimed three criteria for extraordinary ability in soccer coaching. Director found one criterion met. Petitioner on appeal reasserted awards and published material criteria. AAO held petitioner failed to establish awards were nationally recognized or that published material about him as coach appeared in major media, lacking required sustained acclaim.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.

Human resources manager with advanced degree seeks NIW for EB-2 classification to implement diversity and workplace safety initiatives in U.S. companies. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; general HR and safety work does not satisfy Dhanasar first prong.

A martial arts instructor seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because petitioner failed to demonstrate exceptional ability required for EB-2 qualification; inconsistent representations about proposed endeavor made evaluation impossible; NIW analysis not reached.

Pilot sought EB-2 with national interest waiver. AAO found advanced degree equivalent established but rejected NIW claim. Proposed endeavor of airline piloting lacks demonstrable national importance beyond industry-wide pilot shortage. Letters and advisory opinion failed to explain specific endeavor impact. Appeal dismissed.

Recording engineer and producer from Brazil claiming seven evidentiary criteria for EB-1A extraordinary ability. AAO found only published material criterion met, not the required three. Record does not demonstrate sustained national or international acclaim or placement at very top of field despite successful work with well-known artists.

A heating oil company petitioned for a radio announcer and marketing manager under O-1. The petition was amended during processing from the business category to the arts category, so it is O-1B rather than O-1A. The AAO found the published-material criterion unmet, so the three-criteria threshold failed and the appeal was dismissed.

An economist with master's degree in economics claims national interest waiver for educational consulting company bringing Nigerian students to U.S. universities. AAO found substantial merit but not national importance; endeavor too narrowly scoped to Nigerian students without broader field impact. Appeal dismissed.

Self-petitioning nail design artist claims extraordinary ability through international awards, published materials, judging participation, scholarly articles, and leadership role. AAO sustained appeal, finding petitioner demonstrated sustained international acclaim and expertise placing her among the small percentage at the very top of her field.

Assistant professor of finance seeks national interest waiver for EB-2 based on real estate research. Director found substantial merit but not national importance. AAO reversed, finding research on environmental, social, governance impacts and market solutions has national importance through academic dissemination. Petitioner meets all three Dhanasar prongs.

A tourism entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed she lacked an advanced degree equivalent and satisfied only one of six exceptional ability criteria. As she failed to qualify for underlying EB-2, the Dhanasar analysis was not reached.

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

General and operations manager seeks EB-2 with national interest waiver under Dhanasar framework. AAO dismissed, finding proposed endeavor lacks substantial merit and national importance; basic economic activity of advising businesses does not reach level required for waiver.

A martial arts professional sought extraordinary ability classification, and the service center denied the petition for failing to meet three evidentiary criteria. During the appeal, the petitioner obtained approval of a separate extraordinary ability petition and asked to move his pending adjustment applications to it. The AAO dismissed the appeal as moot without examining any criteria.

A crime and intelligence specialist seeking EB-2 exceptional ability and national interest waiver. The AAO found the petitioner met four evidentiary criteria but lacked the requisite degree of expertise significantly above that ordinarily encountered in the field. The waiver prongs were not reached due to failure on the underlying exceptional ability requirement.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.