Published AAO appeal decisions

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

Telecommunications hardware and software producer sought EB-1A extraordinary ability for beneficiary. Beneficiary met four regulatory criteria but failed final merits determination; limited commercialization and citations insufficient to demonstrate sustained international acclaim required for extraordinary ability.

Elementary school teacher seeks NIW for classroom instruction in special education and Portuguese language, plus hypothetical cultural center activities. AAO held classroom teaching and curriculum development lack national importance because one additional teacher does not mitigate workforce shortage or provide discernible impact.

Financial analyst seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner relied on prior accomplishments rather than demonstrating proposed work would impact industry broadly or create substantial U.S. economic effects.

Physical therapist assistant sought EB-2 exceptional ability classification and NIW. Director approved exceptional ability; AAO withdrew that finding and found petitioner did not qualify for underlying EB-2 classification due to insufficient evidence of degree equivalency and continuous professional licensure, rendering NIW analysis unnecessary.

A wholesale agricultural products company sought national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary failed to meet exceptional ability requirements and did not establish well-positioning to advance the proposed endeavor or that waiver would benefit the United States.

Fashion designer sought EB-1A extraordinary ability classification. Met only one of ten criteria (exhibitions). AAO affirmed denial: petitioner did not establish three required criteria and failed to show sustained national or international acclaim or position among top of field.

CEO and entrepreneur sought EB-2 exceptional ability classification and NIW. Director denied both. AAO affirmed, finding petitioner did not qualify for underlying EB-2 as advanced degree professional or exceptional ability due to insufficient academic documentation, lack of progressive work experience, and deficient evidentiary support, rendering NIW analysis unnecessary.

Costume designer for sports and theatrical productions sought EB-1A extraordinary ability classification. AAO found petitioner met only one of ten evidentiary criteria (exhibitions). Additional criteria claimed but insufficient documentation provided. Appeal dismissed; petitioner lacks sustained national or international acclaim.

Postdoctoral biochemistry researcher sought extraordinary ability classification. Met only two of ten criteria despite claiming four additional ones on appeal. AAO found insufficient evidence of sustained national or international acclaim or position among very top of field.

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Public health specialist seeks NIW for work in immunization, disease prevention, and maternal health. AAO held while public health field has merit, petitioner failed to identify specific projects or demonstrate prospective work extends beyond employers to impact public health field broadly at national level.

An athlete competing since 2003 in national and international events including world championships sought EB-1A classification. The AAO dismissed the appeal, finding a single 2006 national championship title and participation in world championships did not demonstrate the sustained acclaim and top-tier field status required for extraordinary ability.

A micropigmentation professional sought EB-2 classification as individual of exceptional ability and NIW. The AAO dismissed, finding she met only one of three required criteria for exceptional ability: a license to practice. Training certificates did not qualify as official academic records; membership claim was not properly substantiated.

An accountant with advanced degree sought national interest waiver for EB-2 classification. The petitioner claimed his tax planning and accounting work would have national importance. The AAO found the proposed endeavor had substantial merit but lacked national importance because benefits would not extend beyond his employer and clients or impact the accounting industry broadly.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

A legal consultant self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, agreeing the proposed endeavor lacks national importance under Dhanasar's first prong. Cross-border business consulting for a specific firm and its clients did not demonstrate broader implications for the field or substantial positive economic effects.

A tennis academy petitioned for O-1A classification for a tennis coach. The coach competed in junior and men's circuits and taught tennis. AAO affirmed denial, finding the beneficiary met only two of eight criteria (employment in critical capacity and one other), failing to meet the required three. Membership, published materials, and original contributions were not sufficiently documented.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Pharmaceutical scientist seeks national interest waiver of job offer requirement under EB-2. Met first prong showing substantial merit and national importance of proposed drug formulation research, but failed second prong lacking sufficient evidence of positioning to advance the work.

A data science researcher with a Ph.D. sought an EB-2 national interest waiver. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the proposed research in data science algorithms and computing has national importance, the petitioner is well positioned through expertise and citations to advance it, and waiving labor certification benefits U.S. scientific interests.

Computer science graduate seeking EB-2 national interest waiver claimed intent to teach business courses or work as financial analyst to combat cyberattacks. AAO dismissed appeal because petitioner failed to clearly identify a specific proposed endeavor and any such endeavor lacked national importance or prospective economic impact.