Published AAO appeal decisions

A Brazilian jiujitsu coach beginning in 2012 and coaching since 2015 sought EB-1A classification. The AAO found insufficient evidence of major awards, published material, or judging that demonstrates sustained acclaim and status among the very top of the field.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

A professor of urban and regional planning in Brazil claims extraordinary ability. He met one of ten evidentiary criteria (judging) but the AAO found he did not meet three required. The record lacks evidence of sustained national or international acclaim or position at the very top of the field.

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.

A pilot with advanced degree sought NIW claiming pilot shortage and aviation industry importance. AAO held the proposed endeavor lacked national importance because working in an important field is insufficient and petitioner did not show how individual work would significantly impact the industry or economy broadly.

A marketing specialist sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five of six exceptional ability criteria on appeal. The AAO found only the degree criterion met, since experience, salary, membership and recognition evidence fell short, and so reserved the Dhanasar analysis and dismissed the appeal.

Chief financial officer filed as self-petitioner for extraordinary ability. Claimed six evidentiary criteria. AAO dismissed appeal, finding petitioner failed to meet at least three criteria: membership letter merely repeated regulations, published materials were brief mentions not about his work, judging claim lacked specificity, and original contributions were unsubstantiated assertions without evidence of major significance.

A statistics researcher proposing to develop predictive models for cybersecurity and data analysis sought NIW. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance under Dhanasar's first prong, as it would not impact the field broadly.

Food industry management consultant and chef sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish exceptional ability under any EB-2 criterion and did not establish national importance of proposed endeavor; business impact limited to own company.

Personal financial adviser seeking NIW claimed his endeavor of advising clients on finances has national importance. AAO held the endeavor lacks national importance because benefits are limited to individual clients and do not extend to broader field or economy.

Production engineering consultant sought self-petitioner NIW for startup. Claimed substantial merit and national importance through job creation and business efficiency improvements. AAO found substantial merit but rejected national importance because projected 22 employees and revenue had insufficient demonstrated broader impact on national economy or engineering field.

Accounting consultant seeking NIW to operate consulting business in Florida. Claimed endeavor supporting small-medium enterprises has national importance. AAO held the proposed endeavor lacked demonstrated national importance; general field importance and personal experience insufficient without showing specific prospective impact.

Airport operations specialist sought EB-2 exceptional ability classification and NIW. AAO affirmed director's denial, finding petitioner failed to meet required exceptional ability criteria: no professional certifications despite listing 41 courses, inconsistent job title and unclear salary comparison, unsupported membership claims, and insufficient recognition for contributions. NIW analysis reserved as dispositive EB-2 ineligibility.

An HR specialist seeks NIW for a self-directed HR consulting business. The AAO dismissed the appeal, finding the endeavor lacks national importance because the petitioner provided no corroborating evidence that benefits extend beyond immediate customers to enhance broader societal welfare or regional economies.

Self-petitioner quality control analyst and entrepreneur in pet apparel sought EB-2 NIW. Submitted business plan, experience records, and recommendation letters. AAO found endeavor had substantial merit but lacked national importance; claimed job creation and economic benefits were not corroborated; industry importance differs from specific endeavor importance.

Operations manager and entrepreneur in document management sought EB-2 exceptional ability and NIW. AAO affirmed denial: did not meet three required exceptional ability criteria and proposed endeavor lacks national importance; NIW not reached.

An actor sought EB-1A extraordinary ability classification. He claimed seven criteria and met only one. The AAO dismissed the appeal, finding he did not satisfy the three-criterion minimum. His published materials were not verifiable or in major outlets, his membership lacked outstanding achievement requirements, his salary was not significantly high compared to peers, and his commercial success was insufficient by volume.

Airline captain and flight instructor sought NIW classification claiming pilot shortage demonstrates national importance. AAO held proposed work lacks required national importance because it would not impact the field broadly or demonstrate significant potential to employ workers or provide substantial economic effects beyond the employer.

Self-petitioner in event planning and ethnic supermarket business claims national interest waiver under EB-2. AAO affirmed denial: endeavor has substantial merit but lacks evidence of national importance. Proposed services insufficient to demonstrate prospective impact meeting national importance standard.

An entrepreneur and finance manager in hospitality consulting sought an EB-2 national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because it would benefit only her clients without broader field impact or demonstrated substantial positive economic effects.

Financial analyst seeking EB-1A extraordinary ability classification. Petitioner met one of ten evidentiary criteria but failed to demonstrate intent to continue work in the United States. AAO affirmed denial based on unchallenged intent requirement and found petitioner submitted willfully altered translations of evidence.

Self-petitioner, entrepreneur in mining consulting, sought NIW for proposed endeavor serving mining companies. Claimed business plan, contracts, and opinion letters establish national importance. AAO dismissed appeal because record did not show specific endeavor has national importance; focused on generalized industry information rather than substantive impact beyond petitioner's prospective company.

Entrepreneur and financial markets professional sought NIW under EB-2 advanced degree as chief economist for digital currency exchange. AAO dismissed, finding the endeavor has substantial merit but fails the national importance element of Dhanasar's first prong, reserving analysis of remaining prongs.

Entrepreneur owning a Florida business with advanced degree in finance seeks NIW for EB-2 classification. Petitioner claimed his endeavor to support small businesses and train single mothers has national importance. AAO found substantial merit but dismissed because the specific endeavor lacks national importance; general economic activity in business field insufficient.