Published AAO appeal decisions

An athlete, referee and coach in horseback archery and polo seeks EB-1A extraordinary ability classification. AAO found she met one evidentiary criterion and demonstrated substantial U.S. benefit but failed to satisfy the minimum three required criteria, so dismissed appeal.

Civil engineer and construction manager proposes to establish a consulting firm specializing in infrastructure and project management across transportation, healthcare, energy, and commercial real estate sectors. AAO held the endeavor lacks national importance because petitioner failed to demonstrate substantial prospective economic effects beyond typical industry scope.

A motorcycle mechanic and instructor sought an EB-2 national interest waiver for his own business. The AAO dismissed the appeal after finding he did not meet the underlying EB-2 exceptional ability requirement; therefore it did not reach the Dhanasar waiver prongs.

Reliability and maintenance engineer seeking EB-2 NIW. Claimed proposed endeavor has national importance through field importance, environmental safety and economic growth alignment, and corporate interest. AAO held general field importance and typical job duties insufficient; specific endeavor's broader impact and national importance not established.

Investment banker self-petitioner sought EB-1A extraordinary ability classification. AAO affirmed Service Center denial, finding petitioner failed to establish three required criteria: association membership, leading role, and published material were unsupported or waived on appeal.

Entrepreneur seeking EB-2 with national interest waiver for establishing engineering solutions company for automotive sector claimed substantial merit and national importance. AAO dismissed because the endeavor lacked demonstrated national importance beyond company and clients.

A consultant and business analyst, who first sought a national interest waiver, claimed three extraordinary ability criteria: membership, original contributions and leading role. The AAO dismissed the appeal because the membership claim rested on training certifications, not qualifying association membership, making three criteria impossible. It reserved the other two criteria.

Aesthetician seeks EB-2 national interest waiver for aesthetics clinic in Florida. AAO affirmed first prong fails because proposed endeavor lacks national importance; impact limited to local clients and employees without broader implications for field or economy. Reserved remaining prongs.

General operations manager of cleaning and sanitizing products company claims NIW for business expansion and consulting services. AAO affirmed finding that endeavor lacks national importance; insufficient specificity on operations, staffing, and economic impact.

An electro-mechanical professional in hydrocarbon extraction sought EB-2 national interest waiver to work in the petroleum industry. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance despite the industry's significance, as the petitioner failed to demonstrate broader impact beyond a specific employer.

Product manager sponsored by employer for EB-2 with NIW. Claimed proposed endeavor in cloud gaming analytics has substantial merit and national importance. AAO held endeavor lacks national importance because benefits are limited to specific employer despite national footprint; working in important field insufficient; labor certification process addresses STEM shortages.

Professional in human resources consulting seeks NIW for EB-2 classification as advanced degree holder or exceptional ability. Claimed endeavor addresses workforce skills gap through training programs. AAO held endeavor lacks broader field impact and fails to demonstrate national importance required for NIW.

Athlete and athletic trainer sought NIW for EB-2 to promote MMA in the US. AAO held proposed endeavor lacks national importance: no showing of significant economic impact, industry growth alone insufficient, and techniques would not elevate field broadly. Appeal dismissed.

An artistic producer seeks EB-2 NIW to establish arts education academy in Ohio with expansion plans to increase arts access and tourism. Petitioner established endeavor substantial merit but failed to demonstrate national importance despite claimed climate and diversity benefits.

A professional intending to become CEO of her own company sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding she did not meet the EB-2 advanced degree requirements and her business projections lacked evidence of economic significance at a national level needed for national importance.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Architect proposing sustainable design endeavors and green building projects seeks EB-2 with NIW. Met four of six exceptional ability criteria but failed to demonstrate expertise significantly above other architects. Record lacks comparative analysis and evidence of significant field impact. Appeal dismissed.

Petitioner seeks NIW as advanced degree professional. AAO dismissed appeal, finding petitioner failed to establish five years progressive post-baccalaureate experience in specialty as required for underlying EB-2 classification; NIW eligibility not reached.

Carpenter and business owner sought EB-2 exceptional ability classification with national interest waiver. Claimed six criteria for exceptional ability but satisfied only two: academic degree and employer letters. AAO affirmed denial, finding petitioner failed to meet minimum three criteria required for exceptional ability; therefore NIW analysis was not reached.

Entrepreneur founding a trucking business claimed exceptional ability and NIW. AAO found the law degree did not relate to exceptional ability, the commercial driver license did not demonstrate professional practice, salary evidence was lacking, and the purported professional association was not verified, making the petitioner ineligible for the underlying classification and therefore ineligible for NIW.

An entrepreneur in the digital exhibition field sought EB-1A classification. The service center accepted that the initial evidentiary criteria were satisfied, including membership, press coverage, judging, articles and a leading role, but denied at the final merits step. The AAO dismissed the appeal because the evidence did not place her among the field's top percentage.

Chemical technician with non-toxic epoxy product experience sought EB-2 exceptional ability and NIW. AAO found petitioner met only two of six required criteria: degree and experience letter failed statutory requirements. Appeal dismissed because petitioner lacks underlying EB-2 eligibility.

Foreign language teacher and entrepreneur proposed bilingual education center using sign languages and Portuguese. Petitioner established substantial merit but failed to demonstrate national importance; projected job creation and revenue lacked supporting detail and showed limited economic impact beyond local region.

A chief financial officer and corporate treasurer sought EB-2 national interest waiver for a financial services consulting business targeting immigrant clients. The AAO affirmed denial, finding the proposed endeavor lacked national importance as it would serve only specific clients without broader industry impact or substantial economic effects in depressed areas.

Entrepreneur seeking EB-2 NIW to establish New York risk management and internal audit consultancy. Claimed endeavor offers innovative approach and substantial economic effects. AAO dismissed appeal, holding that field importance does not equal endeavor national importance; specific business lacks broader implications for economy or industry.