Published AAO appeal decisions

Senior project manager seeking EB-2 exceptional ability and national interest waiver. Petitioner claimed six regulatory criteria but AAO found only two met. AAO withdrew Director's finding on one criterion, leaving only two criteria satisfied. Dismissed because petitioner failed to meet the three-criterion threshold for exceptional ability, disqualifying him from NIW consideration.

A finance and insurance manager with an advanced degree sought NIW. The AAO confirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor of process improvement and financial management for multiple companies lacked the national importance required under the first Dhanasar prong; projections for job creation and revenue were insufficient.

Industrial engineer and entrepreneur with foreign engineering degree seeks NIW for EB-2. Proposed owning and operating concrete paver manufacturing company emphasizing eco-friendly products and exports. AAO held the specific endeavor, while having substantial merit, lacks national importance because it does not demonstrate broader field implications.

Accountant with IFRS expertise sought EB-2 advanced degree classification and national interest waiver to consult with small and medium enterprises. AAO held she qualified for EB-2 but failed to establish national importance of endeavor; her services would not sufficiently extend beyond prospective clients to impact economy broadly or produce substantial positive economic effects.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Paintless dent repair specialist in automotive industry seeking EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only two criteria (published material, judging) but failed to meet three required criteria and lacked evidence of sustained national or international acclaim at the top of the field.

A furniture designer sought EB-1A extraordinary ability classification. He claimed three criteria: awards, published material, and exhibitions. The AAO found he met awards and exhibitions criteria but failed published material because he provided no objective evidence establishing that articles were published in major media or professional trade publications.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Animal health specialist seeking EB-2 NIW for emotional support animal practice. Petitioner established advanced degree and substantial merit but failed to demonstrate national importance of proposed endeavor, showing only company-level rather than field-wide impact.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.

A judoka petitioner sought EB-1A extraordinary ability classification. The petitioner claimed three criteria: awards, membership, and published materials. The AAO affirmed the Service Center's denial, finding the petitioner failed to meet any three criteria; awards and membership lacked documented national significance and recognition standards.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

A salsa dancer, choreographer and instructor claims extraordinary ability. The AAO affirmed dismissal because the petitioner demonstrated only two of ten required criteria: judging and exhibitions. The remaining claimed criteria were not sufficiently established, falling short of the three-criterion threshold for final merits review.

Financial services and accounting professional sought EB-2 with national interest waiver to open consulting firm assisting U.S. companies with financial decisions and Latin American expansion. AAO affirmed denial, finding proposed endeavor lacked national importance; business growth projections and client services insufficient to establish substantial positive economic effects.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

An audiovisual services business owner seeks NIW. Claimed the Dhanasar three-prong test. The AAO held the first prong—national importance—not met: the business lacks broader field implications or significant economic impact beyond specific clients and employees.

Aircraft maintenance technician sought EB-2 exceptional ability with national interest waiver for proposed aircraft maintenance and training business. AAO affirmed denial, finding petitioner failed first prong: specific endeavor lacked demonstrated national importance despite aircraft technician shortage; generic industry value insufficient.

A pharmaceutical industrial production manager sought EB-2 classification with national interest waiver to plan and direct manufacturing operations. The AAO found the proposed endeavor had substantial merit but lacked national importance, as providing services for one employer would not generate significant economic activity or employment potential at national scale.

An engineering and management professional sought extraordinary ability classification, claiming seven of the ten evidentiary criteria. The AAO dismissed the appeal. The petitioner showed neither a major one-time award nor three criteria, since the awards were internal or student honors lacking national recognition, and the record as a whole showed no sustained acclaim.

Self-petitioner, financial management and tax consultant seeking NIW for entrepreneurial consultancy firm. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; impact limited to niche market without broader field implications or significant economic effects.