Published AAO appeal decisions

Industrial engineering manager and entrepreneur seeking EB-2 with national interest waiver. Claimed proposed endeavor has substantial merit and national importance. AAO affirmed denial, finding endeavor lacks national importance because it does not extend beyond the applicant's company to impact the field broadly.

Drilling engineer and entrepreneur sought extraordinary ability classification. Claimed five criteria including awards, published material, original contributions, leading role, and high salary. AAO affirmed denial, finding awards lacked recognition, article was promotional, and salary claims ignored remuneration requirement. Overall work did not demonstrate sustained national acclaim at extraordinary ability level.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.

A speed skater claimed extraordinary ability under EB-1A, asserting awards, membership, published material, and exhibitions criteria. The AAO found awards lacked sufficient detail about competition standards and membership criteria were insufficiently documented, failing to meet the required three-criterion threshold. Appeal dismissed.

An employer petitions for NIW for a beneficiary working as an automotive HVAC engineer to continue developing energy-efficient electrified HVAC systems. The AAO dismissed because the petitioner failed to establish the beneficiary's specific proposed endeavor has national importance; working in an important field and industry does not establish the specific work extends beyond the employer with broader impact.

Engineer seeking NIW for computer systems architecture and project lead role at multinational retail company. Petitioner established proposed endeavor has substantial merit but failed to demonstrate national importance. Decision held work with advanced technologies insufficient without evidence of specific prospective economic impact or U.S. job creation from petitioner's particular role.

Medical scientist seeking EB-2 NIW for cancer research endeavor. Claimed substantial merit and national importance through publications, recommendations, and funding. AAO held proposed work lacks demonstrated national importance because specific endeavor's broader field implications were not established; general cancer information insufficient.

IT professional with master's degree seeks NIW as advanced degree professional. Petitioner claimed healthcare IT work addressing national needs and data security would have national importance. AAO found work only benefited single employer and immediate clients, lacking field-wide impact required for national importance under Dhanasar first prong.

An IT consultant with a bachelor's degree seeks NIW as EB-2 advanced degree professional to establish a company offering digital transformation consulting for small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not extend beyond the company's clients to impact the field broadly.

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Lawyer in Brazil sought EB-2 NIW to establish a consulting firm for U.S. banks entering Brazilian market. AAO held the proposed endeavor lacks national importance; industry reports and business plans fail to demonstrate specific prospective impact beyond individual clients or broader field implications.

Software engineer and researcher seeking NIW for EB-2 classification proposes health and nutrition app claiming national importance through healthcare cost reduction and improved outcomes. AAO held endeavor has substantial merit but lacks national importance; impact confined to particular clients without evidence of broader societal or economic implications at national scale.

Software engineer with master's in computer science sought NIW under EB-2. AAO confirmed advanced degree qualification but dismissed appeal, finding her proposed cybersecurity work lacked national importance because it would not extend beyond her employer and clients to impact the field broadly.

Food waste management entrepreneur sought EB-2 NIW classification with advanced degree. Petitioner claimed innovative sustainable solutions would have national importance. AAO held proposed endeavor insufficiently defined and fails first prong because scope unclear, innovative tools undefined, and competitive advantages undemonstrated compared to existing market offerings.

Snowboarder sought EB-1A extraordinary ability classification. Petitioner claimed four criteria: awards, membership, published material, and judging. AAO found insufficient documentation for awards and membership criteria, preventing meeting the three-criterion minimum, and dismissed without reaching final merits.

Oil and gas engineer employed by major energy company, seeking EB-2 with national interest waiver. Petitioner claimed work supports energy security and economic growth through efficiency innovations. AAO found working in an important field insufficient; the specific proposed endeavor of continuing employer work lacks defined future aspirations and sufficient national or global implications.

Industrial production management consultant sought EB-2 NIW for consulting company. Business plan projected up to 21 employees and substantial wages. AAO found no evidence of field-wide impact beyond client services, unsupported claims about manufacturing competitiveness, and insufficient job creation relative to industry scale.

An employer sponsored a lead EV applications engineer for EB-2 NIW classification to develop electrified axles for electric and hydrogen fuel cell vehicles. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance; work on an important product does not establish the endeavor extends beyond the employer to impact the broader industry.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.

Entrepreneur in logistics sector sought EB-2 NIW. Petitioner claimed her business would improve US competitiveness and economic performance. AAO dismissed, finding the endeavor lacks national importance despite occurring in important sector; mere establishment in an important industry is insufficient without documented substantial economic impact.

An entrepreneur seeks NIW as EB-2 advanced degree professional to establish a company offering reputation, positioning, and brand-building consultancy to corporations. The AAO dismissed the appeal because the petitioner failed to show the endeavor has national importance, as it lacks broader implications extending beyond the company's clients to the relevant fields.

Financial manager with advanced degree seeks NIW for EB-2 classification. Claimed endeavor has national importance through job creation and economic impact. AAO held that 50-job potential is insignificant relative to 206,000 industry jobs and lacks broader field impact required for national importance.

A rabbi and historian sought EB-1A extraordinary ability classification. The petitioner claimed four criteria but met none. The AAO found published material did not appear in required outlets and educational certifications do not constitute prizes for excellence. The petitioner failed to demonstrate sustained national or international acclaim required for the classification.

An entrepreneur offering consulting and management training to coffee producers sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show expertise significantly above peers, and it reserved the Dhanasar waiver analysis.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.