Published AAO appeal decisions

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

Civil construction specialist with advanced degree sought national interest waiver for EB-2. AAO found proposed endeavor, though meritorious, lacks demonstrated national importance and fails to show broader impact beyond employer and clients. Appeal dismissed.

Priest seeking EB-2 NIW for spiritual ministry to Ukrainian Orthodox Church congregation claimed national importance through connection to White House Ukrainian relief initiative and pandemic-related needs. AAO held proposed endeavor lacks national importance because ministering to congregation's spiritual needs has no broader national implications and no substantial positive economic effects.

A self-petitioner with a criminal justice bachelor's degree and some law school study sought EB-2 classification as an advanced degree professional or person of exceptional ability, with a national interest waiver. The appeal was dismissed because the degree, experience and other exceptional ability evidence fell short, so the waiver merits were not reached.

Self-petitioner, social communications specialist providing marketing consultancy, sought EB-2 advanced degree classification and national interest waiver. AAO found proposed marketing endeavor lacks national importance and cannot establish waiver eligibility. Appeal dismissed.

A project manager in sustainable construction seeks NIW for solar panel and green building consulting. AAO dismissed appeal because the endeavor, though meritorious, lacks national importance and the petitioner provided inconsistent and vague descriptions of the specific proposed activities.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

Aircraft mechanic seeking EB-2 national interest waiver. AAO found petitioner failed to establish exceptional ability under EB-2 and that proposed endeavor lacks substantial merit and national importance, failing the first Dhanasar prong. Second and third prongs not addressed.

General and operations manager seeking EB-2 advanced degree with national interest waiver. Claimed management endeavor would have national importance and that he was well positioned to advance it. AAO found material changes to proposed endeavor between filing and RFE response; initial employment no longer viable; endeavor lacked demonstration of broader implications or substantial economic effects.

A fashion model from Australia sought EB-1A classification claiming ten evidentiary criteria. The AAO affirmed the service center's finding that she satisfied only one criterion (display at exhibitions). The record lacked evidence of nationally recognized awards, qualifying association membership, or the sustained national/international acclaim required for extraordinary ability status.

Self-petitioner, business supply chain software specialist, sought EB-1A extraordinary ability. Met only one of three required criteria (published material). AAO rejected membership in professional associations and leading role claims due to insufficient evidence and timing issues. Appeal dismissed.

Professional with 25 years in oil and gas sought NIW for digital transformation and operations manager role. AAO held substantial merit was established but dismissed because proposed endeavor lacked national importance; applicant's career experience could not substitute for demonstrating the specific endeavor's prospective impact and broader implications.

A computer systems engineer and entrepreneur seeks NIW for EB-2 classification for IT consulting to small businesses. The AAO affirmed the director's finding that the proposed endeavor lacks national importance, as job creation and tax revenue benefits alone do not meet Dhanasar's requirement for prospective impact at the national level.

Electrical engineer self-petitioner claimed three criteria for extraordinary ability. AAO agreed with service center that petitioner met none of the claimed criteria: awards, judging, or original contributions. Appeal dismissed for failure to meet three-criterion threshold and lack of sustained acclaim.

A dietician proposed a nutritional services and supplement business to address obesity. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its benefits would extend only to individual clients in a localized area, not broadly impact the field or economy.

An instructional coordinator with a master's in TESOL proposed implementing virtual reality technology in schools. The AAO dismissed, finding substantial merit but no national importance; expansion to multiple schools does not equate to national or global implications required.

An entrepreneur in foreign trade and logistics claimed exceptional ability through ten years of experience and professional memberships. The AAO dismissed, finding the petitioner met only the experience criterion and did not establish at least three required criteria.

An aircraft maintenance technician self-petitioned for EB-2 exceptional ability classification and a national interest waiver. The appeal was dismissed after the AAO withdrew the earlier finding on the ten-year experience criterion, leaving fewer than the three required criteria. The final merits and waiver questions were therefore not decided.

An entrepreneur seeking EB-2 with NIW for an environmentally friendly cleaning products company in Florida claimed nineteen years of experience and unique expertise. The AAO affirmed denial, finding the proposed endeavor lacked national importance; it would not impact the industry broadly or substantially employ U.S. workers.

Commercial captain sought NIW under EB-2 as advanced degree professional. Claimed endeavor had substantial merit and national importance addressing pilot shortage. AAO found record did not establish national importance of specific proposed work as individual pilot, lacking evidence of broader industry impact or individual contribution to resolving shortage.

An English teacher and administrator seeking EB-2 with NIW claimed five years of progressive post-baccalaureate experience. The AAO affirmed denial because employment letters lacked specific employment dates, hours worked, and detailed duties, failing to establish the required years of experience.

Nurse with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding that while nursing is substantially meritorious, petitioner failed to demonstrate her proposed endeavor has national importance because employment impact would not extend beyond her employer and patients to affect the field broadly.

Entrepreneur importing and distributing textiles sought EB-2 classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar framework; endeavor was too general and offered no evidence of broader field impact or substantial economic benefits.

Occupational health and safety entrepreneur with Dominican Republic MD seeking EB-2 NIW. AAO held proposed endeavor lacked national importance; general industry articles and business growth potential insufficient to show benefits beyond company to economy or broader field.

Comics creator and illustrator self-petitioning for EB-1A extraordinary ability claimed three criteria. AAO found one criterion met: a nationally recognized Venezuelan award for excellence in plastic arts. Published material and leading critical role claims were rejected. Appeal dismissed because only two of ten required criteria established.