Published AAO appeal decisions

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Subsea engineer sought EB-2 national interest waiver for petroleum engineering role. Petitioner cited clean energy importance and industry reports. AAO held the field's national importance did not establish his specific endeavor's national importance; no evidence of projected economic impact or employment generation from his services.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

CEO and entrepreneur sought EB-2 national interest waiver for construction company. Petitioner cited HUBZone certification, direct and indirect employment projections, and economic enhancement claims. AAO held the record lacked sufficient evidence of prospective economic impact or national importance of the specific endeavor beyond general industry benefits.

An obstetric nurse sought EB-2 NIW status to operate a doula and midwifery practice. The AAO found her advanced degree qualification was established but the proposed endeavor lacked national importance under Dhanasar because her work would only benefit direct clients, not the field broadly, and her stated innovations were too vague.

Finance director with advanced degree seeks NIW for employment in Florida. Petitioner claimed substantial merit and national importance of her financial services work. AAO held the specific endeavor lacked national importance because evidence showed only her individual client impact, not broader field or economy impact.

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

Human rights attorney sought EB-2 with national interest waiver. While demonstrating exceptional ability and current human rights work, petitioner failed to articulate a specific future endeavor with substantial merit and national importance under Dhanasar. Continuing employment in current position does not constitute sufficient proposed endeavor.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

Financial analyst sought EB-2 with NIW for proposed endeavor in financial analysis and automated systems management for small-to-medium businesses. AAO found substantial merit but not national importance; revenue and employment projections were modest and lacked prospective impact beyond regional scope. Appeal dismissed.

A co-owner and general manager of a moving and storage business sought EB-2 national interest waiver as individual of exceptional ability. The AAO dismissed the appeal, finding insufficient eligibility criteria for exceptional ability and lack of national importance for the business endeavor.

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A physical therapist sought EB-2 classification with national interest waiver to provide specialized neurology and education services. The AAO affirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor lacked national importance despite healthcare field importance, as it would not broadly impact the field or create substantial economic effects.

A finance and insurance manager with an advanced degree sought NIW. The AAO confirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor of process improvement and financial management for multiple companies lacked the national importance required under the first Dhanasar prong; projections for job creation and revenue were insufficient.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

A pharmaceutical industrial production manager sought EB-2 classification with national interest waiver to plan and direct manufacturing operations. The AAO found the proposed endeavor had substantial merit but lacked national importance, as providing services for one employer would not generate significant economic activity or employment potential at national scale.