Published AAO appeal decisions

A self-petitioner seeking national interest waiver for security consulting business proposed to provide expertise to U.S. companies. AAO held that the petitioner failed to demonstrate national importance because the business would operate only for specific clients without broader implications for the field or meaningful economic impact.

Entrepreneur and financier in business sought EB-1A extraordinary ability classification. Claimed at least three evidentiary criteria including awards and leadership role. AAO found awards lacked recognition as nationally or internationally prestigious for excellence in business and concluded petitioner lacks sustained national or international acclaim required for extraordinary ability.

Chief technology officer sought EB-1A extraordinary ability classification. Director denied; AAO found director failed to evaluate petitioner's claimed scholarly articles criterion. AAO remanded for director to address this criterion and if satisfied conduct final merits analysis.

A soccer player met four initial extraordinary ability criteria but failed the final merits test. AAO found his 15-year career and media coverage did not demonstrate sustained national or international acclaim or placement among the small percentage at the very top of professional soccer.

Engineering researcher seeks EB-1A extraordinary ability classification. Met initial three criteria requirement. Director failed to properly conduct final merits determination by not addressing substantial evidence and applying incorrect standards. AAO withdrew Director's decision and remanded for comprehensive analysis of totality.

Sound engineer and technical director in television and radio industry sought EB-1A extraordinary ability. Failed to meet three of ten initial evidentiary criteria; judging and exhibitions claims withdrawn or unsupported, original contributions lacked objective attribution. AAO dismissed, finding insufficient sustained acclaim.

Entrepreneur seeking national interest waiver for EB-2 advanced degree classification claimed endeavor in business consulting or biodegradable cleaning products. AAO dismissed appeal because petitioner provided inconsistent and insufficient evidence of proposed endeavor, failing first prong of Dhanasar by not demonstrating national importance or broader implications.

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

An actor sought extraordinary ability classification under EB-1A. The service center denied the petition partly because the petitioner failed to demonstrate intent to continue work in the field in the United States despite requests for evidence. The AAO dismissed the appeal without addressing the claimed evidentiary criteria because the petitioner waived the intent to work issue.

Beneficiary seeking EB-1A as athletic instruction school chief instructor and former competitor. AAO dismissed because beneficiary met only one of ten criteria (judging) when three required; lacks sustained recent national/international acclaim; record does not support extraordinary ability.

A neuroscientist with postdoctoral research position seeks EB-1A extraordinary ability classification. He claimed three criteria: judging, scholarly articles, and original contributions. The AAO found he met judging and scholarly articles but not original contributions of major significance. He failed to meet the final merits threshold requiring sustained national or international acclaim.

Hair stylist sought EB-1A extraordinary ability classification. AAO found she met three initial criteria: published materials about her work, participation as judge, and display of work at artistic exhibitions. Matter remanded for final merits determination on sustained acclaim and top percentile standing.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

An IT coordinator sought an EB-2 exceptional ability classification with a national interest waiver. The AAO found he met none of the six exceptional ability criteria, including withdrawing the earlier finding on professional membership, and declined to reach the waiver questions, so the appeal was dismissed.

Composer seeking extraordinary ability classification. Claimed four criteria; AAO found only judging criterion met. Record showed employment with major studios in increasing responsibility under established composer, but work on projects was supporting and uncredited. AAO dismissed appeal, finding petitioner progressing toward top but lacking sustained national or international acclaim required.

An attorney specializing in international dispute resolution and arbitration claimed EB-1A classification. The Director improperly dismissed the petition without analyzing evidentiary criteria, wrongly concluding attorneys fall outside extraordinary ability categories. The AAO found the petitioner's work in international arbitration falls within the business field and remanded for proper evaluation of claimed criteria.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

Weight loss center operator sought extraordinary ability classification. Met only one of four claimed criteria. AAO found insufficient evidence of sustained national or international acclaim or demonstration of career of acclaimed work in health and wellness field.

Artist seeking EB-1A extraordinary ability classification. AAO dismissed appeal because she failed to meet at least three evidentiary criteria: awards were not shown to be nationally or internationally recognized, and membership in associations was not conditioned on outstanding achievements as judged by recognized experts.

A sales director seeks national interest waiver for EB-2 classification. The AAO held he did not qualify for underlying EB-2 classification as exceptional ability, having failed to meet at least three of six regulatory criteria. National interest waiver analysis was not reached because eligibility for the base classification was not established.

Fitness management company petitioned for O-1A classification for bodybuilder after initial approval was revoked. AAO dismissed appeal, affirming revocation because beneficiary met only awards criterion and lacked sufficient documentation of membership, publications, and legitimate high salary evidence.

Media and marketing professional with LLC startup sought NIW for EB-2 classification. Proposed marketing services and training workshops for clients. AAO affirmed endeavor has substantial merit but lacks national importance; proposed work benefits specific clients and trainees without broader impact on advertising or marketing field. First prong failed.