Published AAO appeal decisions

A soccer coach holding an advanced degree sought NIW. The AAO affirmed dismissal because the petitioner's specific proposed endeavor lacked national importance. While youth sports have merit, the coaching and consulting business lacked evidence of broader implications, substantial economic effects, or impact beyond the specific clients and participants.

IT entrepreneur sought national interest waiver for EB-2 petition. Director found substantial merit and good positioning; AAO affirmed denial because the proposed business endeavor lacked national importance, affecting only four small clients without broader industry or economic impact.

A civil engineer with experience in metal scaffolding and building support structures sought EB-2 national interest waiver. The AAO affirmed denial, finding the proposed endeavor—continuing civil construction work and training employees—lacked the prospective national impact required by Dhanasar's first prong.

Restaurant petitioned for O-1A classification of executive chef claiming extraordinary ability in the culinary arts. AAO dismissed appeal because beneficiary failed to establish any of the required evidentiary criteria, with evidence containing credibility and consistency issues.

Treasurer and controller seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal, finding insufficient evidence that his proposed financial management endeavor has substantial merit or national importance as required by Dhanasar first prong; work lacks regional or national population impact.

An architect and project manager with advanced degree sought NIW. AAO found substantial merit but not national importance; initial proposed endeavor lacked broader implications beyond self-owned firm and petitioner impermissibly changed the proposed endeavor post-filing.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

A restaurant manager claimed advanced degree and exceptional ability in business, seeking EB-2 with national interest waiver. AAO dismissed, finding petitioner did not qualify for EB-2 as neither advanced degree professional nor exceptional ability individual, making NIW eligibility unreachable.

Mechatronics engineer seeking NIW for self-employed industrial consulting focusing on environmental and manufacturing efficiency. AAO dismissed because petitioner failed to establish national importance; confusing proposed company with endeavor and lacking objective evidence of field-level impact did not overcome first prong failure.

A judo martial artist met four EB-1A initial evidentiary criteria through awards, membership, published material, and judging. However, the AAO found insufficient evidence of sustained national or international acclaim and top-tier status to satisfy the final merits determination for extraordinary ability.

A self-described life coach and motivational leader sought EB-1A extraordinary ability classification. The AAO dismissed, finding he failed to satisfy three required evidentiary criteria and lacked sustained national or international acclaim required for the highest echelon.

Clinical psychologist and researcher sought EB-1A extraordinary ability classification. AAO dismissed the petition because the Form 1-140 lacked a proper handwritten signature (typed instead). On merits, petitioner failed to satisfy three of ten criteria; high salary claim lacked required compensation survey evidence.

Industrial engineer in lean production holding master's degree seeking EB-2 NIW. Claimed national importance based on job creation and support for domestic manufacturing and sustainability. AAO found endeavor substantively meritorious but lacked national importance; work limited to small client base without demonstrated broader implications in engineering or manufacturing fields.

Computer systems consulting entrepreneur sought national interest waiver for EB-2 petition. AAO affirmed denial because proposed endeavor lacked national importance despite substantial merit, affecting only niche target market without broader industry or economic impact.

Brazilian entrepreneur with retail management background sought NIW as EB-2 exceptional ability applicant. AAO dismissed appeal because petitioner failed to meet three of six required exceptional ability criteria and materially changed proposed endeavor between filing and RFE response.

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.

International financial advisor sought NIW as EB-2 advanced degree professional. AAO held that specific proposed financial management work, though from important field, lacks sufficient national importance because record did not demonstrate prospective impact on field, significant job creation, or substantial economic benefits at required threshold.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Self-petitioner in financial management consulting sought NIW for proposed Florida consulting business. AAO affirmed denial because the specific proposed endeavor lacked demonstrated national importance; general industry value, occupation importance, and claimed community contributions were insufficient without concrete evidence of broader implications or substantial economic effects.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

An entrepreneur, city councilor and philanthropist sought EB-1A classification, claiming six evidentiary criteria. The AAO found the awards, original contributions and scholarly articles criteria unmet, reserved two others, and concluded fewer than three criteria were satisfied. It dismissed the appeal without a formal final merits analysis.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

Human resources management professional holding advanced degree sought EB-2 national interest waiver. Petitioner established advanced degree eligibility and substantial merit but failed to demonstrate national importance of proposed HR endeavor, relying on credentials rather than prospective impact evidence.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.