Published AAO appeal decisions

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

Electrical engineer employed to provide energy efficiency consulting and audits seeks NIW. AAO affirmed denial because proposed work lacks national importance; local impact on customers insufficient. Petitioner failed to show broader implications or substantial economic effects required under Dhanasar first prong.

Accounting and financial services company sponsored beneficiary for NIW as advanced degree professional. Claimed national importance through accounting and tax preparation services. AAO found substantial merit but rejected national importance because proposed work would not extend beyond company clientele to impact field or economy at national level.

Financial manager seeking EB-2 with NIW for business consulting platform. Qualified for EB-2 advanced degree category. AAO found proposed endeavor has substantial merit but lacks national importance; benefits do not extend beyond employer and clients to impact field or national economy.

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Agronomist engineer sought EB-2 advanced degree classification and NIW. AAO affirmed denial because proposed endeavor lacked national importance; petitioner failed to articulate specific projects or goals beyond routine occupational duties that would demonstrate broader industry impact.

Entrepreneur in financial consulting holding advanced degree applied for EB-2 with NIW under Dhanasar framework. Director found substantial merit but denied national importance; AAO affirmed. Petitioner's consulting business lacked evidence of specific endeavor having prospective impact beyond own clients and employees.

Mechanical engineer seeking national interest waiver for EB-2 exceptional ability classification. Petitioner proposed either employment or founding consulting startup. AAO found proposed endeavor lacked specific national importance; generalized industry references insufficient under Dhanasar; appeal dismissed.

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.

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.

Fitness director at martial arts academy sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong because proposed endeavor lacked national importance; evidence addressed generalized fitness benefits rather than specific endeavor's national implications.

Dentist sought EB-2 advanced degree classification and NIW for dental support organization services. AAO affirmed denial because proposed endeavor lacked national importance; evidence showed only local clinic impact, not broader field or economic implications required by Dhanasar.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

A chief financial and robotic process automation officer seeks EB-2 NIW. The AAO found the proposed endeavor has substantial merit but lacks national importance, as it would affect only the petitioner's direct employer and hotel-resort clients without broader industry impact or demonstrated economic ripple effects. Appeal dismissed.

IT professional and startup CEO sought EB-2 with NIW for web development, design, and IT consulting company. AAO found petitioner qualified for EB-2 but lacked national importance for proposed endeavor. STEM field alone insufficient; no evidence of broader implications or substantial positive economic effects. Appeal dismissed.

A legal consultant with an advanced degree sought EB-2 national interest waiver for a corporate consultancy business. The AAO dismissed the appeal, holding that projected revenue and job creation from legal and tax services lacked evidence of national importance and did not demonstrate substantial positive economic effects reaching national scale.

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

Early childhood and elementary school teacher seeking national interest waiver for EB-2 classification. Petitioner claimed Portuguese teaching role had national importance. AAO found endeavor lacked demonstrated national importance and broader field implications required by Dhanasar; appeal dismissed.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

A hospice employer petitioned for a healthcare management specialist to develop a management system for hospice care. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because the petitioner failed to demonstrate how the work would impact the field broadly or produce substantial economic effects beyond limited patient populations.

A lawyer sought NIW for EB-2 classification. Petitioner claimed the endeavor assisting companies with business transactions would benefit the U.S. economy. The AAO affirmed denial, finding the proposed endeavor lacked national importance because benefits would not extend beyond individual clients or the field generally.

Project manager in oil and gas industry with advanced degree. Employer-sponsored petition for EB-2 NIW. Director found substantial merit but no national importance. AAO affirmed, holding vague professional plan lacks specific research partnerships or defined knowledge-sharing mechanisms, and benefits do not extend beyond employer to demonstrate national importance.

Aquacultural engineer with advanced degree seeking EB-2 NIW. Proposed consultancy providing services to aquaculture industry. AAO dismissed, finding endeavor lacked national importance under Dhanasar first prong; no evidence of substantial economic impact, job creation, or broader industry influence.