Published AAO appeal decisions

Self-employed petroleum geologist with twelve years experience seeks EB-2 NIW. Director found advanced degree qualification but denied NIW. AAO upheld denial on first Dhanasar prong, finding proposed endeavor lacks specific description and national importance; withdrew Director's finding of national importance.

Bodybuilder claimed extraordinary ability through five criteria. AAO found none met: membership based only on regional contest win; published material in non-qualifying venues; critical role lacking evidence of organizational distinction. No sustained acclaim demonstrated.

Scientist with Ph.D. in biomedical sciences sought EB-1A extraordinary ability. Met two of three required criteria (judging and scholarly articles). AAO rejected original contributions claim; publications and citations alone insufficient to prove major significance. Appeal dismissed for failure to meet three-criteria threshold.

An athletic instructor and coach sought EB-2 with national interest waiver. AAO dismissed the appeal, holding the petitioner failed to establish national importance of her proposed swimming coaching endeavor. The decision found her proposed work would benefit only a limited number of local students without broader implications for athletics or the field.

A martial arts academy sought O-1A extension for an MMA athletic trainer. The AAO remanded, finding the director erred in concluding the RFE response lacked supporting documentation; FedEx tracking and copies of submitted exhibits proved delivery of a three-pound package, warranting reconsideration of substantive eligibility criteria.

An entrepreneur seeking EB-2 classification as exceptional ability individual and NIW claimed eligibility under one exceptional ability criterion but failed to meet at least three required criteria. The AAO dismissed the appeal, finding no established exceptional ability and therefore no basis for NIW consideration.

Entrepreneur and business executive sought EB-1A extraordinary ability. Met only one of three required criteria (published material about him). AAO rejected awards, membership, judging, and leading role claims. No major recognized award. Appeal dismissed for failure to meet initial evidentiary threshold.

Nurse sought NIW for EB-2 classification. She claimed her patient care and teaching endeavor had national importance based on her skills, knowledge and role in a rural community. AAO held the endeavor lacked national importance because benefits were limited to specific patients, students and workplace, not nursing field or healthcare industry broadly.

Pilot with advanced degree equivalent seeks NIW. AAO dismissed appeal, finding no demonstrated national importance for proposed pilot work. Working in important field and having professional qualifications insufficient; decision requires evidence of specific endeavor's impact on field as whole.

A pilot sought EB-2 classification with national interest waiver for aviation work. AAO dismissed the appeal, holding the petitioner established substantial merit but failed to demonstrate the national importance of his specific proposed endeavor as required by the first Dhanasar prong; general industry importance insufficient.

Civil engineer seeking EB-2 NIW initially proposed guidance on construction projects in Brazil, then abandoned this for a business plan to form and manage her own construction company. AAO held both proposed endeavors lack national importance; neither establishes substantial positive economic effects beyond her company and clients.

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.

Medical researcher seeking EB-2 with national interest waiver. Claimed medical research endeavor had national importance and that she was well positioned to advance it. AAO found petitioner failed to identify a specific and consistent proposed endeavor; record reflected numerous changing activities. Appeal dismissed after second denial.

Oil industry scientist self-petitioner with Ph.D. claimed four criteria for extraordinary ability. AAO found two criteria met (judging and scholarly articles) but rejected original contributions and high salary claims. Appeal dismissed for failure to meet three-criterion threshold and lack of sustained acclaim.

Mechatronics engineer sought EB-2 with national interest waiver. Described endeavor as continued employment with multinational companies on cross-border transactions; later added business plan and service company. AAO held proposed endeavor lacked national importance; business plan materials presented new facts post-filing; letters and articles address industry, not specific endeavor impact.

Former military officer seeking EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. Petitioner did not hold recognized bachelor's degree equivalent and failed to establish three of six exceptional ability categories. Ineligible for EB-2; appeal dismissed.

A vocational agriculture teacher sought EB-1A classification. He claimed membership, scholarly articles, and critical role criteria. The AAO found he did not establish major award status or three alternate criteria. His association memberships did not require outstanding achievements, articles were unpublished or not in major media, and teaching work was not a critical role. Appeal dismissed.

Finance professional sought EB-2 NIW. Service center found exceptional ability qualification but denied waiver. AAO affirmed: proposed endeavor of corporate treasurer and controller work lacked national importance; localized benefits to individual employers and divergent business ventures (wallpaper sales, real estate) did not demonstrate broad field impact.

Education counseling business petitioned for school and career counselor beneficiary's O-1A classification. Petitioner claimed seven criteria; director and AAO found none met. Letters lacked evidence of major field significance. Salary was average, not elevated. Appeal dismissed without final merits determination.

The petitioner's occupation is not stated in the available text. The petitioner sought extraordinary ability classification, and the Director found fewer than three of ten criteria satisfied. The AAO dismissed the appeal as moot because the petitioner had since adjusted to permanent resident status through another proceeding, so the merits were not reached.

A human resources specialist planning to start a consulting firm sought EB-2 advanced degree classification with a national interest waiver. The service center found she lacked five years of progressive post-degree experience. The AAO dismissed the appeal because the new letter did not establish qualifying experience, and it reserved the Dhanasar prongs without deciding them.

A competitive aircraft model pilot sought EB-1A classification. He claimed membership, published material, and one other criterion. The AAO found he did not establish major award status or three alternate criteria, including that his blog posts were not major media and his title did not evidence association membership. The appeal was dismissed.

A finance consultant with advanced degree seeks EB-2 NIW. The petitioner proposed operating a financial consulting company. The AAO dismissed the appeal, finding the endeavor lacks national importance and substantial positive economic effects required under Dhanasar.

Event producer sought EB-1A extraordinary ability classification. Met initial evidentiary criteria but AAO found evidence insufficient to demonstrate sustained national or international acclaim or position among top event producers. Single media mention and isolated judging instance do not establish required level of achievement.