Published AAO appeal decisions

Filmmaker with thirty years experience claimed extraordinary ability through awards, membership, published material, and exhibitions. AAO affirmed awards and membership were not met, published material insufficient, and exhibitions alone do not establish sustained national or international acclaim required.

Executive sous chef in O-1 visa status sought EB-1A extraordinary ability classification. AAO dismissed appeal because petitioner met none of three analyzed criteria: published material lacked evidence of being about him, high salary fell below top earners, and evidence insufficient for leading or critical role finding.

Executive assistant sought EB-2 NIW with goal of event management role. Petitioner significantly changed proposed endeavor from initial petition to RFE response, creating ambiguity. AAO found endeavor could not be analyzed under Dhanasar framework due to inconsistent articulation.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

Airline pilot sought NIW for EB-2 classification under advanced degree. Petitioner initially proposed aviation security instruction, then shifted to airline pilot work. AAO dismissed appeal because proposed endeavor lacked consistency and failed national importance requirement; teaching and pilot work lack sufficient broader implications.

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Public relations consultant seeking NIW. Claimed substantial merit and national importance of public relations services endeavor. AAO found applicant failed first prong because evidence showed intention to work in field but lacked sufficient documentation of prospective impact rising to national importance level.

A mechanical engineer proposed to work in heavy equipment maintenance and repair. AAO dismissed the appeal because the proposed endeavor lacked national importance; it would impact only his customers and employers, not the automotive industry broadly, and showed no significant U.S. job creation or economic benefits.

Logistics business owner sought EB-2 NIW. AAO dismissed the appeal, holding that while the endeavor has substantial merit, it fails the national importance prong because benefits to individual clients do not rise to national impact or demonstrate substantial positive economic effects.

IT network and cybersecurity engineer seeking national interest waiver claimed his proposed work serves national importance. AAO held that day-to-day engineering services lack broader implications required for national importance, dismissing appeal on first Dhanasar prong.

Self-petitioner in cargo transportation and logistics seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner failed three of six exceptional ability criteria: CDL postdated filing, salary documentation insufficient, professional membership lacked documentation. NIW not analyzed.

An entrepreneur in film and video production claimed exceptional ability status and national interest waiver. The AAO found he met only one of six evidentiary criteria, reversing the Service Center's finding on professional membership and rejecting recognition for achievements. The appeal was dismissed.

Aircraft mechanic seeking NIW for self-owned maintenance business. Claimed business would alleviate aviation mechanic shortage and provide training. AAO affirmed denial because proposed endeavor lacks national importance; one mechanic's operations insufficient to impact industry broadly or create substantial economic effects at national level.

An audio-video editor, filmmaker, and producer sought EB-2 and NIW. The AAO dismissed the appeal because the petitioner failed to establish eligibility for EB-2 classification, lacking adequate credentials evaluation and not meeting the advanced degree or exceptional ability requirements.

Solar energy installations manager with advanced degree seeking NIW. Claimed substantial merit and national importance of solar installation business. AAO found endeavor failed first prong because applicant did not demonstrate prospective impact extending beyond company employees and customers to broader national level.

A general and operations manager sought EB-2 classification with national interest waiver. The AAO affirmed denial because the petitioner failed to establish an advanced degree or qualifying work experience under the underlying EB-2 requirements; the decision did not reach the waiver prongs.

A marketing entrepreneur self-petitioner claimed advanced degree and five years post-baccalaureate work experience for EB-2 classification and NIW. AAO held she failed to meet advanced degree requirement due to unclear Brazilian credentials and insufficient qualifying work experience, making NIW analysis unnecessary.

A project manager seeking NIW claimed exceptional ability through at least three regulatory criteria including recognition for achievements. AAO found the petitioner met only two criteria; recommendation letters praising his skills and projects did not demonstrate industry recognition or significant contributions to the field, failing the recognition criterion. Appeal dismissed without reaching Dhanasar analysis.

Architectural designer and manager seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit but not national importance. Petitioner's self-employment in interior design and project management lacks demonstrated broader implications, regional or national economic impact.

Self-petitioner, structural engineer proposing to operate his own design studio in Florida. Claimed national interest waiver for EB-2. AAO held proposed endeavor lacked national importance because it would benefit only his prospective clients without broader industry impact or economic effects warranting waiver.

A social worker sought EB-2 classification with national interest waiver. The AAO found she qualified as an advanced degree professional but failed the first Dhanasar prong because her endeavor lacked sufficient national importance; providing social work services without broader field-wide implications was insufficient.

Entrepreneur in beauty industry sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner failed to establish exceptional ability criteria. Because underlying EB-2 classification not met, NIW eligibility not analyzed.