Published AAO appeal decisions

A materials chemistry scientist filed an EB-1A petition as a self-petitioner. USCIS erroneously applied the EB-1B outstanding professor standard instead of EB-1A. The AAO remanded for reconsideration under the correct statutory framework for extraordinary ability.

A business management specialist sought EB-1A extraordinary ability classification. The appeal was dismissed on procedural grounds: the Form I-290B was not properly signed, as the signature appeared to be copied, pasted, or stamp-created rather than a valid handwritten signature personally made by the petitioner.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

A semiconductor manufacturer sought to employ a component design engineer under the EB-2 advanced degree classification with a labor certification. The case is not an NIW. The service center found the beneficiary lacked a required skill, and the AAO withdrew that decision and remanded for review of recruitment materials.

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

A chief engineer in sustainable building filed a national interest waiver petition but submitted falsified reference letters. AAO found the petitioner willfully misrepresented material facts by knowingly submitting false documents, rendering him inadmissible. Appeal dismissed due to fraud and failure to meet all three Dhanasar prongs.

Regulatory affairs manager in business seeks EB-1A. Petitioner claimed multiple criteria including awards, publications, judging, and high salary. AAO found at least three criteria met but concluded totality of evidence does not establish sustained national or international acclaim or top-tier status in the field.

A software engineer with master's degree in computer science seeks EB-2 national interest waiver for designing novel algorithms in private cloud storage. The AAO dismissed, finding the proposed endeavor lacked demonstrated national importance beyond the employer's specific needs.

A finance controller and startup CEO with an O-1 visa claimed EB-1A status. AAO found he failed to establish three criteria: membership in qualifying associations, high salary compared to field peers, and therefore fell below the threshold, dismissing the petition without reaching final merits.

Construction engineer and sustainability specialist with 22 years experience sought EB-2 NIW. Service center approved advanced degree qualification but denied NIW. AAO dismissed because proposed endeavor lacks national importance despite substantial merit; petitioner did not show prospective national impact beyond local scope or sufficient economic benefit commensurate with national importance.

Former cricket player who competed internationally 2001-2007 sought EB-1A extraordinary ability classification. Met three of ten initial criteria but the AAO dismissed the appeal because the totality of evidence did not establish sustained national or international acclaim placing him among the very top of his field.

Employer sought national interest waiver for beneficiary as assistant professor of otolaryngology-head and neck surgery. AAO found beneficiary met EB-2 advanced degree requirement but proposed endeavor lacked adequate evidence of national importance beyond employer and local patients, failing the first Dhanasar prong.

Software test automation engineer met all seven claimed initial criteria. However, AAO affirmed denial at final merits stage, finding evidence concentrated in 2024-2025 lacks sustained national or international acclaim. Work influence confined within company; does not demonstrate top-tier field standing.

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

Pilot self-petitioner sought NIW under EB-2 as advanced degree professional. AAO dismissed appeal, finding initial endeavor as airline transport pilot lacked national importance, and petitioner materially changed endeavor in response to RFE without establishing broader field implications.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

An economist sought extraordinary ability classification on reopened appeal after a finding that he submitted an altered paper naming him sole author. The AAO upheld the willful misrepresentation finding, concluded the evidentiary criteria and top-of-field standing were not shown, and dismissed the appeal without reaching continued work in the field.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

A business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

Tourism consultant and entrepreneur sought EB-2 national interest waiver. AAO dismissed motion to reconsider, finding petitioner did not overcome the most recent adverse decision and merely reargued prior issues. Motion scope was limited to the latest decision only, and petitioner did not demonstrate incorrect application of law.

A tourism specialist and entrepreneur self-petitioned for EB-1A extraordinary ability. The AAO affirmed that the petitioner met fewer than three evidentiary criteria and did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

A business legal consultant appealed AAO dismissal on motion to reconsider, challenging criterion findings. The AAO dismissed the motion, holding petitioner met judging and scholarly articles criteria but failed final merits analysis, lacking sustained acclaim and elite field standing. Petitioner did not adequately address the dispositive final merits determination.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.