Published AAO appeal decisions

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

Co-owner of bakery specializing in Brazilian sweets seeks EB-1A extraordinary ability classification. Applicant claimed six criteria including awards, membership, and judging. AAO found applicant met none of three required initial criteria because awards and judging experience were in culinary arts not business, and association membership did not demonstrate outstanding achievements in business field.

An avionics specialist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because he did not show ten years of full-time experience with reliable evidence, so he lacked the underlying classification and the waiver analysis was not reached.

A biostatistician with a Ph.D. in mechanical engineering seeking EB-2 with NIW for developing a smartphone ECG device failed to establish national importance. The description lacked specificity, and evidence did not show prospective impact commensurate with national significance.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

Salsa dancer, choreographer, and instructor on third motion to reopen. Met three regulatory criteria but failed final merits determination. AAO found insufficient sustained acclaim and placement among very top of field despite new evidence submission.

Brazilian jiu-jitsu athlete and coach claimed four criteria on appeal. Service center found no criteria met. AAO confirmed petitioner failed to establish three required criteria. Evidence of awards, publications, and leadership roles insufficient. Petitioner does not demonstrate sustained national or international acclaim.

Electrical engineer in semiconductor power electronics sought EB-1A classification. Petitioner met three evidentiary criteria including scholarly articles, high salary, and judging work. However, AAO dismissed appeal because evidence did not demonstrate sustained national or international acclaim necessary to establish placement among the small percentage at the field's very top.

Industrial engineer sought EB-2 national interest waiver for project engineer role. Petitioner is advanced degree professional but failed first Dhanasar prong: proposed endeavor lacks national importance despite alignment with environmental priorities and cost reduction potential on individual projects.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

Truck driver and entrepreneur sought NIW for transportation and logistics venture. AAO dismissed, finding proposed endeavor lacks national importance despite acknowledging substantial merit. Without first prong satisfied, Dhanasar analysis terminates and second and third prongs need not be reached.

Actor and production crew member petitioned for O-1B (MPTV) nonimmigrant classification by an agent. Petitioner claimed eligibility under O-1B (MPTV) criteria but failed to meet evidentiary requirements. On appeal, petitioner attempted to switch to O-1B (Arts) classification, which was improper because the beneficiary intended to perform services in motion picture and television industry.

A petitioner sought EB-2 NIW classification for a Russian economics graduate. The AAO dismissed her combined motion to reopen and reconsider, holding the bachelor degree was completed in less than four years and the academic evaluation did not credibly establish foreign equivalency to a U.S. four-year degree.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Technology professional claiming extraordinary ability under EB-1A. Petitioner asserted five criteria on appeal, three on merit review: original contributions, leading role, and published material. AAO affirmed denial, finding contributions lack specificity and field-wide impact, and leading role lacks hierarchy detail. Failed to meet required minimum three criteria.

An electric vehicle automotive business strategist with eighteen years' experience in Venezuela and Colombia self-petitioned for EB-1A extraordinary ability. Petitioner met four evidentiary criteria but AAO upheld denial, finding insufficient evidence of sustained national or international acclaim or placement among small percentage at field's very top.

An art curator seeks EB-2 national interest waiver to establish a nonprofit cultural platform for exhibitions, archiving, and education. The AAO affirmed denial because the proposed endeavor lacks demonstrated national importance; support letters and credentials alone do not establish impact extending beyond immediate community.

An entrepreneur from Uzbekistan with a master's degree sought an EB-2 national interest waiver for an independent transportation business using IT expertise. The AAO affirmed dismissal because the proposed endeavor lacked demonstrated national importance despite having substantial merit, lacking credible economic impact.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

Regulatory services company sponsored employee for EB-2 advanced degree classification. SCOPS and AAO found the beneficiary's master's degree in pharmaceutics does not qualify as regulatory affairs or biomedical sciences as required by the job. Appeal dismissed; not a national interest waiver decision.

Entrepreneur and investor seeking extraordinary ability in business. Claimed judging, leading critical role, and original contributions. AAO affirmed judging was met but found leading role unsupported and reserved original contributions. Petitioner failed to meet required three-criterion threshold, so appeal dismissed.

Petitioner holds advanced degree and seeks NIW for research developing fairer face recognition systems through synthetic data and bias mitigation. SCOPS found substantial merit but denied national importance. AAO affirmed dismissal, ruling petitioner conflated field importance with specific endeavor importance and lacked sufficient evidence of prospective impact.

An IT project manager with an advanced degree proposed work improving local government services through technology implementation. The AAO rejected her claim that this had national importance, finding her work would benefit only her employer and its clients without broader industry or regional implications.