Published AAO appeal decisions

Information technology systems specialist sought EB-2 with national interest waiver for IT infrastructure services business. AAO found substantial merit but not national importance; projected revenue and employment figures insufficient to demonstrate substantial economic effects or broader industry impact.

English professor self-petitioner claimed extraordinary ability through three evidentiary criteria. AAO found petitioner failed to meet the judging criterion and could not reach three criteria minimum. AAO also found no sustained national or international acclaim demonstrating extraordinary ability required for EB-1A classification.

Hair stylist claimed EB-1A extraordinary ability. AAO dismissed after finding only two of ten criteria met, below three-criterion threshold. Styling work lacked national or international recognition and did not evidence career of acclaimed work.

Software engineer sought EB-1A extraordinary ability classification. He met one criterion but failed to meet the required minimum of three criteria. The AAO found his overall record lacked the sustained national or international acclaim and top-tier status required for extraordinary ability, dismissing the appeal.

Swimmer and multisport athlete sought EB-1A extraordinary ability classification in athletics. AAO dismissed appeal because petitioner met only two of three required evidentiary criteria and failed to demonstrate sustained national or international acclaim; recognition limited to Ukrainian competitions and one long-distance swim approximately ten years before petition.

A big data center consultant sought extraordinary ability classification in business. He met three initial evidentiary criteria and demonstrated sustained national recognition as an expert, including leadership of technology standards groups. The AAO sustained the appeal, finding he is among the small percentage at the very top of his field.

Engineer and drone operator sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor lacked national importance. Evidence showed competence but no impact beyond employer or clients, nor field-wide advancement commensurate with national importance.

Project manager in oil and gas industry with advanced degree. Employer-sponsored petition for EB-2 NIW. Director found substantial merit but no national importance. AAO affirmed, holding vague professional plan lacks specific research partnerships or defined knowledge-sharing mechanisms, and benefits do not extend beyond employer to demonstrate national importance.

A business consultant seeks NIW status to operate a strategy and management advisory service. The AAO rejected the claim because services would benefit only individual client companies without extending to broader industry impact or demonstrating substantial national economic effects.

General and operations manager seeking NIW for home flipping company. Met substantial merit requirement but failed national importance prong. AAO dismissed appeal, finding petitioner showed general industry importance but not specific endeavor impact on regional or national economy at level contemplated by Dhanasar.

Information security analyst in cybersecurity sought NIW claiming advanced degree in digital forensics and cybersecurity. AAO dismissed because petitioner failed to provide master's degree documentation in response to RFE and did not establish advanced degree requirement, making her ineligible for NIW.

Human resources consultant with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal because petitioner failed to establish that her specific proposed endeavor has national importance. Generalized information about hotel industry significance did not substitute for demonstrating the particular endeavor's implications.

Aquacultural engineer with advanced degree seeking EB-2 NIW. Proposed consultancy providing services to aquaculture industry. AAO dismissed, finding endeavor lacked national importance under Dhanasar first prong; no evidence of substantial economic impact, job creation, or broader industry influence.

IT project manager seeking EB-2 exceptional ability classification and NIW. Failed to meet three of six regulatory criteria for exceptional ability including membership and recognition. AAO concluded expertise does not stand out in field and dismissed appeal without reaching NIW Dhanasar analysis.

A digital influencer marketing entrepreneur was found to meet exceptional ability criteria but failed the national interest waiver test. The AAO determined his specific business endeavor lacked national importance under Dhanasar's first prong, finding it would benefit only his clients, not broadly impact the industry or economy.

Production supervisor in automotive industry sought EB-2 advanced degree or exceptional ability classification with NIW. AAO affirmed denial: petitioner satisfied diploma criterion but failed to meet three of six exceptional ability criteria and lacked evidence of expertise above ordinarily encountered levels, thus ineligible for EB-2 and NIW.

Economist and finance professional seeking EB-2 classification with national interest waiver for consultancy business providing quantum finance modeling to small and medium enterprises. Claimed expertise and economic benefits. AAO dismissed, finding petitioner's accomplishments and industry knowledge do not establish national importance of a solo consultancy venture lacking documented plan or evidence of prospective impact required by Dhanasar first prong.

Lawyer with advanced degree sought NIW for employment-based second preference to provide legal services to U.S. businesses. AAO affirmed denial, finding petitioner demonstrated EB-2 eligibility and substantial merit but failed to show national importance required under Dhanasar.

Industrial instrumentation specialist sought EB-2 advanced degree classification with national interest waiver. AAO dismissed, finding proposed endeavor of providing instrumentation services to manufacturing companies lacks national importance; benefits limited to specific employer and clients without broader field or economic impact.

Gospel singer from Brazil sought EB-2 exceptional ability classification and national interest waiver. AAO affirmed service center denial, finding petitioner failed to meet three of six regulatory criteria for exceptional ability, including insufficient documentation of ten years full-time experience and lack of recognition for significant contributions to field.

A physician entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver to advance a nonprofit promoting breastfeeding and healthy eating. The AAO affirmed denial because the proposed endeavor lacked national importance; vague research references and localized impact insufficient to meet Dhanasar framework.

Physician seeking NIW under EB-2 claiming medical practice and research in underserved areas. AAO found proposed endeavor lacks national importance; statistics about aggregate physician impact and pandemic response do not demonstrate petitioner's specific prospective impact on the field. Appeal dismissed.

Self-employed real estate businessperson sought EB-2 national interest waiver for sustainable affordable housing venture. AAO dismissed appeal because petitioner failed to establish EB-2 qualification as advanced degree professional and because proposed endeavor lacked demonstrated national importance despite addressing affordable housing crisis.

IT project manager sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong; proposed endeavor lacked national importance, benefiting only employer and clients without establishing broader economic effects or job creation.

A topography specialist sought EB-2 NIW for infrastructure and aviation work, claiming national importance through improved infrastructure and national security contributions. The AAO dismissed, finding the proposed endeavor was routine technical services for specific projects without demonstrated broader impact on the field or industry.