Published AAO appeal decisions

Entrepreneur in finance field sought EB-2 classification with national interest waiver. AAO dismissed because petitioner did not establish underlying eligibility as advanced degree professional or person of exceptional ability; proposed endeavor was vaguely described.

Photographer sought EB-1A extraordinary ability. Claimed four criteria: awards, published material, exhibitions, and critical role. AAO rejected all four findings; none met regulatory requirements. No sustained acclaim established.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

Fashion designer sought extraordinary ability classification claiming six criteria including awards, membership, and scholarly articles. AAO found only one criterion met (judging) and upheld dismissal. Petitioner failed to establish three-criterion threshold and lacked evidence of sustained national or international acclaim required for EB-1A.

A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.

An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.

A banker sought EB-2 classification with national interest waiver for financial advisory work. The AAO found the petitioner failed to establish the first Dhanasar prong by providing only vague possibilities rather than a specific, detailed endeavor with national importance, and failed the second prong.

Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.

A financial operations professional seeks NIW for EB-2. AAO reversed the initial denial of EB-2 qualification based on foreign degree equivalent but dismissed appeal because her proposed endeavor—establishing a financial consulting firm—lacked national importance; benefits would be limited to her own business and clients, not impact the field broadly.

Chief financial officer and self-petitioner sought NIW for EB-2 classification for proposed financial consulting company. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor; business plan lacked credible evidence of substantial positive economic effects, job creation locations, or field-wide impact.

Mixed martial arts athlete seeks extraordinary ability classification. Petitioner claimed three criteria but failed to establish any definitively; Director found no major award and denied membership, and AAO affirmed membership finding insufficient. Appeal dismissed; insufficient criteria met and no sustained international acclaim demonstrated.

Fashion designer met only two criteria (judging, exhibitions) and failed three-criterion threshold. AAO dismissed appeal finding insufficient evidence that Mara de Oro Award or Venezuelan publications qualified as nationally or internationally recognized, and that petitioner lacked sustained national or international acclaim required.

Electronic engineering technician claimed exceptional ability and national interest waiver. AAO held petitioner established no exceptional ability criteria and failed to meet minimum three-criterion threshold for EB-2, making national interest waiver analysis unnecessary.

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

An engineering company sponsored a thermofluidic and bridge erosion researcher for O-1A extraordinary ability. The petitioner submitted evidence for four criteria but satisfied only scholarly articles. The AAO found the beneficiary's published work lacked demonstration of major significance; diverse skillset alone does not constitute original contributions of requisite magnitude. Appeal dismissed.

English language and literature teacher sought EB-2 with national interest waiver. Claimed advanced degree professional or exceptional ability status. AAO held petitioner did not meet EB-2 eligibility requirements; foreign degree unrelated to proposed endeavor; did not satisfy three of six exceptional ability criteria; Dhanasar analysis reserved.

Folk and classical singer from Armenia claimed eight criteria beyond those Director found met. AAO affirmed Director's finding of two criteria met but found petitioner failed to establish three criteria total required. Final merits analysis concluded no sustained national or international acclaim demonstrating top-tier status.

Business development director sought EB-2 NIW as advanced degree professional. Qualified for underlying EB-2. AAO found proposed business development endeavor poorly defined and lacking substantial merit and national importance. Petitioner failed to document specific projects, scale, or prospective economic impact needed to establish national importance.

Armenian pop and folk musician sought EB-1A extraordinary ability classification. AAO affirmed dismissal, finding petitioner met only two of ten criteria (awards and artistic display) but needed three, and did not demonstrate sustained national acclaim or place at top of field.

Employer petitioned for basketball player for O-1A classification. Petition failed on contract documentation, event description, and evidentiary criteria requirements. AAO dismissed appeal because petitioner waived contest of contract and event grounds and AAO declined to reach the evidentiary criterion argument.

Statistician with twenty years experience seeking NIW for advanced degree EB-2 in data science and market research. AAO dismissed appeal, finding proposed work lacks projected economic impact or job creation sufficient to establish national importance under Dhanasar first prong.

A petitioner seeking extraordinary ability classification, whose occupation is not described, was denied by the service center for lacking a major internationally recognized award and for not meeting the regulatory criteria. The AAO dismissed the appeal as improperly filed because counsel signed the petitioner's portion of the notice of appeal, so the merits were not reached.

A pilot seeks EB-2 national interest waiver claiming his work would address aviation industry pilot shortage. The AAO dismissed the appeal because the petitioner failed to clearly define his specific proposed endeavor and lacked sufficient evidence of substantial merit and national importance.

Educational researcher self-petitioner with advanced degree claimed national interest waiver for research in gifted education and cram schools. AAO affirmed denial because proposed endeavor lacks clear definition and specific prospective impact; field importance alone insufficient.