Published AAO appeal decisions

Logistics analyst employer-sponsored petitioner sought EB-2 NIW. AAO affirmed dismissal finding petitioner failed to establish underlying EB-2 qualification; foreign education credentials not established as equivalent to U.S. advanced degree and insufficient progressive experience documented.

A power electronics researcher sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner failed to define a specific proposed endeavor, instead providing only broad aspirational statements about developing experimental setups for semiconductors, making all three Dhanasar prongs unadjustable.

Hammered dulcimer artist and music educator sought EB-1A extraordinary ability to promote hammered dulcimer education and address educational gap. Claimed three criteria on appeal; AAO found petitioner did not satisfy membership or original contributions criteria, and waived remaining claims, thus failing to meet three-criterion threshold.

An aviation pilot and entrepreneur sought NIW to develop flight planning software for general aviation. The AAO dismissed the appeal, finding insufficient evidence of national importance; the proposed endeavor's benefits appeared limited to the petitioner's startup without demonstrating broader impacts on the aviation industry or economy.

Business owner sought NIW to produce non-GMO fruit preserves. Qualified for underlying EB-2 advanced degree classification. AAO dismissed appeal because petitioner failed to demonstrate endeavor has national importance independent of alignment with governmental agricultural priorities; small local operation with fifteen projected employees lacked demonstrable broader economic or industry impact.

A computer scientist with a Ph.D. in computer science seeks EB-2 with NIW. The AAO dismissed the appeal, finding she misunderstood national importance requirements and failed to show her proposed endeavor would impact the field broadly. Routine or incremental contributions without broader implications do not satisfy the Dhanasar standard.

Cybersecurity professional with master's degree sought EB-2 NIW for developing post-quantum cryptography toolkits for small and medium institutions. AAO found endeavor lacked demonstrated national importance: proposed work and supporting evidence did not establish prospective impact, funding plan, timeline, or scale of utilization commensurate with national benefit.

Business operations specialist seeking EB-1A extraordinary ability classification. Claimed high salary, membership, original contributions, and leading role criteria. AAO held high salary determination by service center withdrawn due to lack of comparative evidence; membership criterion not met; beneficiary cannot achieve required three-criterion threshold.

A postdoctoral researcher in machine learning and energy systems claimed EB-1A extraordinary ability. The AAO held he met only two criteria (judging and scholarly articles) but failed on original contributions and leading role, thus not meeting the three-criterion threshold.

Research scholar and professor claims extraordinary ability. Met three regulatory criteria but failed final merits determination. AAO found evidence does not demonstrate sustained national or international acclaim required for small percentage at top of field.

A drilling engineer with an advanced degree sought an EB-2 national interest waiver for a predictive maintenance project. The AAO found the endeavor has substantial merit but lacks demonstrated national importance beyond the employer and immediate business partners, failing the first Dhanasar prong. The appeal was dismissed without reaching the second and third prongs.

A photographer, visual strategist, and editor seeks EB-1A classification. The AAO found she met initial criteria but lacked sustained national or international acclaim sufficient to demonstrate extraordinary ability. The decision dismissed the appeal because the cumulative evidence did not place her among the small percentage at the top of her field.

A manufacturing engineer with an advanced degree sought an NIW for semiconductor work. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance of the specific proposed endeavor beyond his employer's contributions.

Professor of applied linguistics sought EB-1A classification. Claimed six criteria; AAO found petitioner failed to satisfy at least three criteria by rejecting awards, published material, and original contributions findings. Withdrew SCOPS' favorable determinations on these three without reaching final merits given failure to meet evidentiary prongs.

Ceramic fabricator and contemporary artist blending cultural heritage with modern fabrication seeks EB-1A extraordinary ability. AAO dismissed appeal because petitioner satisfied only two criteria and failed to establish three additional criteria including awards, membership, and published materials with credible evidence.

Ph.D. in biological and agricultural engineering claimed EB-1A extraordinary ability based on judging, scholarly articles, and original contributions. AAO affirmed Service Center finding that petitioner met only judging and articles criteria. Original contributions claim rejected because citation rates and professional letters did not establish widespread field commentary on significance.

A biomedical and genetics researcher appealed denial of EB-1A petition. The AAO found she met the original contributions criterion by demonstrating significant roles in major research projects. However, the AAO dismissed the appeal because her overall record did not establish the sustained acclaim required for extraordinary ability classification.

A Brazilian jiu-jitsu instructor appealed EB-1A petition denial. The AAO found petitioner failed to satisfy three initial evidentiary criteria: awards from athletic competition do not count when claiming coaching role; Brazilian publications do not qualify as major media; and no evidence established critical role or distinguished organizational reputation. Appeal dismissed.

A banking executive with a master's degree in monetary banking and three decades in finance proposed to develop a fintech platform providing replicable credit infrastructure to small and medium-sized enterprises. The AAO dismissed the appeal, finding the endeavor addresses nationwide problems but lacks demonstrated field-wide impact required for national importance.

Lawyer and entrepreneur sought EB-2 NIW to establish firm facilitating Brazilian-U.S. business connections. AAO held proposed endeavor lacked national importance under Dhanasar's first prong because beneficiary showed insufficient broader field impact and inadequate projections demonstrating substantial economic benefits.

Pharmaceutical researcher claiming EB-1A extraordinary ability asserts evidence of major contributions through highly cited publications on colorectal cancer treatment. AAO held petitioner met only two of three claimed criteria; publications in respected journals do not automatically demonstrate major significance; no evidence of substantial field impact; appeal dismissed.

A systems engineer sought an NIW but failed to demonstrate national importance for his endeavor. The AAO found his business plans and impact claims too general and localized; assertions about secondary ripple effects and industry alignment did not satisfy Dhanasar's requirement for substantial positive economic effects or broad field advancement.

A hospital petitions for an EB-2 national interest waiver for a clinical social worker specializing in pediatric care for marginalized populations. AAO held the record lacks objective evidence of the proposed endeavor's specific impacts and broader implications necessary to demonstrate national importance under Dhanasar.