Published AAO appeal decisions

A Thai musician and musical instrument maker claimed extraordinary ability. The AAO found one criterion met: artistic display. Five other claimed criteria failed due to insufficient documentation of recognition level and national or international acclaim. The petitioner lacked evidence of sustained recognition in the field.

Entrepreneur seeking NIW for advanced degree EB-2 to pursue body-positive social movement work. AAO dismissed appeal, finding proposed endeavor lacks definition, specified location, funding plan, and job creation details needed to establish national importance under Dhanasar first prong.

A soccer coach sought EB-1A extraordinary ability classification. The director found one criterion met (judging); the AAO affirmed only this finding. With one criterion met against the three required and no major award, the petitioner failed to demonstrate the sustained national or international acclaim required.

Civil engineer with advanced degree proposing to develop consulting firm providing civil engineering services. AAO dismissed appeal, finding proposed endeavor, though addressing housing shortage, lacks national importance because petitioner provided no evidence of substantial economic effects or job creation directly attributable to his work.

A public safety officer seeking EB-2 classification with national interest waiver abandoned his appeal on the threshold issue of underlying EB-2 eligibility. The AAO dismissed the appeal without reaching the Dhanasar analysis because establishing eligibility for the underlying EB-2 classification is a prerequisite for any waiver consideration.

Financial analyst with advanced degree seeking EB-2 classification and national interest waiver. Petitioner proposed real estate financial advisory work but failed to establish national importance under Dhanasar first prong. AAO found proposed endeavor lacks sufficient prospective impact beyond employer and clientele to warrant waiver.

Product manager with doctorate in robotics and AI sought EB-1A extraordinary ability. AAO found three criteria met (awards, scholarly articles, leading role) but final merits analysis showed achievements insufficient for sustained national/international acclaim at top of field level.

Senior director in business/economics seeking EB-1A extraordinary ability. AAO sustained appeal, finding petitioner met three evidentiary criteria (scholarly articles, leading role, high salary) and demonstrated sustained acclaim at the very top of field through extensive documentation.

A sports management company petitioned for a sumo wrestler seeking O-1A extraordinary ability. The applicant met only the awards criterion. Claims of membership in elite associations and published media coverage failed because the federation membership lacked documented outstanding achievement requirements and articles lacked proper attribution. Fewer than three criteria were satisfied so appeal was dismissed.

Digital media strategy and operations professional claims extraordinary ability. Director found two criteria met; petitioner claimed three additional criteria on appeal. AAO dismissed, finding published material and original contributions not established. Overall, petitioner showed career progression but lacked evidence of sustained acclaim or position among small percentage at field top.

Civil engineer with graduate business coursework seeks NIW. AAO affirmed denial, finding no demonstrated national importance for specific proposed endeavor. Articles on STEM importance and engineering shortages insufficient; analysis must focus on individual's specific endeavor, not industry importance.

A civil engineer sought a national interest waiver for an EB-2 petition to work in civil construction. The AAO affirmed the director's denial, finding the petitioner's proposed business endeavor lacked the national importance required under Dhanasar's first prong, as it would benefit only himself, his companies, and clients without broader industry impact.

Tech author, journalist, and educator claimed three criteria. Director found two met; petitioner claimed original contributions on appeal. AAO affirmed two criteria met but rejected original contributions finding letters lacked specificity on major significance. Did not reach final merits after finding fewer than three criteria established.

Bioengineering and nanotechnology professor with Ph.D. in industrial chemistry claimed four criteria. AAO found only one criterion met, failing the three-criterion threshold. Team award and lack of proper translations precluded awards analysis. Abandoned leading role claim. Does not demonstrate sustained acclaim or top-tier status required for extraordinary ability.

Television and motion picture producer claimed five criteria for EB-1A. AAO rejected published material, judging, and critical role findings; awards and exhibitions not reached. Fewer than three criteria met; no demonstrated sustained acclaim.

Former sambo and judo athlete applying as coach claims extraordinary ability and major internationally recognized award from World Sambo Championships. AAO dismissed appeal, finding award does not meet standard and noting applicant's appeal brief was identical to prior failed petition, indicating inadequate attention to specific case.

Pianist seeks EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish either a major internationally recognized award or three alternate regulatory criteria. Evidence of local competition awards, professional memberships, and regional media appearance insufficient to demonstrate elite status.

Figure skating choreographer and coach sought EB-1A extraordinary ability classification. She claimed seven criteria including membership, published material, scholarly articles and exhibitions. AAO held she met only judging criterion and failed to meet three-criterion threshold because membership lacked documentation, publications lacked translation compliance and scholarly article was not in qualifying venue.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.

Information technology project manager seeking EB-2 with national interest waiver. Petitioner founded consulting company after petition filing based on client solicitations. AAO found proposed endeavor lacks sufficient specificity and national importance; STEM field designation alone does not establish required impact in information technology project management.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

A photographer and business owner from Brazil claimed extraordinary ability through seven criteria. The AAO found two criteria met: published material and exhibition display. However, the petitioner failed to establish three qualifying criteria and lacks sustained national or international acclaim required for the classification.

Personnel management consultant in Russian-speaking countries claimed five criteria under EB-1A. AAO dismissed appeal, finding no major award and no satisfaction of three required criteria. Evidence lacked specificity, objectivity, and documentation; petitioner showed no sustained national or international acclaim.

Network communications professional claimed eight criteria for extraordinary ability. Director found two criteria met. Petitioner on appeal reasserted three additional criteria on appeal but failed to overcome deficiencies in evidence or explain how Director erred. AAO held petitioner did not meet the extra criteria and lacked sustained acclaim for top-of-field status.