Published AAO appeal decisions

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

Brazilian jiu-jitsu competitor seeking EB-1A extraordinary ability. AAO affirmed denial because petitioner failed to meet major award criterion and could not satisfy three initial criteria. Tournament awards in Master division lack sufficient context and do not demonstrate excellence. No final merits analysis reached.

A research scientist with Ph.D. in industrial engineering employed since 2021 sought EB-2 NIW for developing privacy-enhancing technology in digital advertising and healthcare. The AAO affirmed dismissal, finding inadequately documented prospective national importance. Though research has merit, the petitioner failed to demonstrate specific focus or impact rising to national importance. Later Dhanasar prongs were not reached.

A sports and exercise physiologist seeks EB-2 NIW with an advanced degree. The AAO found the proposed endeavor has substantial merit but lacks national importance. Connection to national health initiatives is insufficient without demonstrating prospective impact. Reserved second and third prongs; dismissed appeal.

Mechanical engineer entrepreneur sought EB-2 NIW for proposed automotive innovation endeavor. AAO found substantial merit established but concluded endeavor lacked national importance; improvements to manufacturing would not extend beyond company clientele to impact field broadly or produce substantial economic benefits.

Social media influencer sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner satisfied no evidentiary criteria. Platform Platinum status is objective threshold not requiring expert judgment; income alone insufficient for commercial success; record lacks evidence of sustained national acclaim or position at field's top tier.

Photographer sought EB-1A extraordinary ability classification. AAO held petitioner failed to meet three evidentiary criteria; membership and published material criteria were not satisfied. Final merits step not reached because criteria threshold not met.

A digital influencer with content on TikTok and YouTube sought EB-1A extraordinary ability classification. Claiming seven criteria, she established none sufficiently. The AAO rejected awards, membership, published material, original contributions, and commercial success findings; high salary and judging were not analyzed. Without three criteria met, she failed the initial requirement and was ineligible.

A physicist with a Ph.D. in physics and astronomy sought EB-2 NIW for proposed research. The AAO affirmed dismissal on the second Dhanasar prong. Though the petitioner met the first prong (substantial merit and national importance of the endeavor), he did not demonstrate sufficient qualifications, funding history, or independent research leadership to be well positioned to advance it.

Civil construction project director seeking NIW for EB-2 advanced degree classification proposed affordable residential development. AAO found substantial merit but no national importance because the petitioner failed to show how local housing benefits would reach national economic significance or demonstrate the company's scale and scope.

Weapons development specialist from Ukraine sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met at least three criteria but failed final merits determination, showing only government-level recognition without demonstrating sustained national or international acclaim.

Long-distance runner sought EB-1A classification claiming extraordinary ability. AAO dismissed appeal finding one criterion met but aggregate evidence insufficient; runner did not demonstrate sustained national or international acclaim or position among small percentage at field top.

Financial manager seeking EB-2 exceptional ability with national interest waiver for technology-driven consulting firm. AAO held proposed endeavor lacks national importance; material post-filing changes to business plan made petition defective. Dhanasar prongs two and three not addressed.

A visual artist sought EB-1A extraordinary ability classification. Though the AAO found the petitioner satisfied at least three evidentiary criteria, she failed the final merits determination; her government and youth awards, membership, and modest annual media coverage did not establish sustained national or international acclaim or placement among the very top of the field.

A mechanical engineer and researcher with doctorate pursuing research on electric motor efficiency and AI integration. The AAO found the first prong met as the research addresses critical emerging technologies, but dismissed because petitioner failed to demonstrate institutional interest or funding securing his well-positioning to advance the research.

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

A beautician and eyelash artist sought EB-1A extraordinary ability classification. She met at least three evidentiary criteria through awards, membership, published material, and judging work. However, the AAO found she failed to demonstrate sustained national or international acclaim or that she ranks among the very top in her field, thus lacking the final merits showing required for the classification.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

Entrepreneur in travel and tourism seeks EB-2 NIW to establish online travel portal business. AAO dismissed appeal after affirming motion dismissal; proposed endeavor lacks national importance; industry importance and unsupported financial projections insufficient to demonstrate broader field implications or substantial economic effects.

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

Downhill longboard athlete from Argentina sought EB-1A extraordinary ability classification. AAO held petitioner met only one of five claimed evidentiary criteria. Lacking sustained national or international acclaim and recent competitive record, petitioner fails final merits step.

A cosmetologist seeks EB-2 NIW classification. The director found exceptional ability and that petitioner was well-positioned to advance the endeavor. The AAO affirmed lack of national importance: the business plan showed no substantial positive economic effects in New York or industry-wide impact on cosmetology, dismissing the appeal.

An individual of exceptional ability in occupational safety and business sought EB-2 classification and national interest waiver. The AAO dismissed the appeal because although the substantial merit was established, the petitioner failed to demonstrate that her proposed training and consulting business had national importance as required by the Dhanasar framework.

A solar energy company sponsored an accounting manager for EB-2 NIW work on accounting and financial duties for solar and battery storage projects. The AAO dismissed the appeal, finding the beneficiary's specific services lacked national importance because impact was limited to company and clients, not broader industry or economy.