Published AAO appeal decisions

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

Employer-sponsored airfield operations specialist sought EB-2 NIW. Underlying EB-2 eligibility not determined by director. AAO dismissed appeal, finding proposed airport operations work lacks national importance; benefits limited to single employer without broader aviation field impact.

A quantum optics researcher with PhD in physics seeks NIW for advanced STEM research. AAO sustained approval because the research has substantial merit and national importance per federal science policy, the petitioner is well positioned by education and track record, and the national interest in quantum research outweighs labor market protection.

Computer user support specialist seeks NIW for EB-2. Petitioner asserted expertise and field importance; claimed endeavor to help organizations implement IT systems nationally. AAO dismissed appeal, finding no evidence the specific endeavor extends beyond client organizations to impact IT industry or economy broadly at national importance level.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

A personal financial advisor sought EB-2 with national interest waiver under Dhanasar framework. The AAO affirmed dismissal because the petitioner failed to establish substantial merit and national importance of the proposed endeavor, offering only generalized assertions about attracting investment and supporting clients without showing broader field or national impact.

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

Software developer sought EB-2 with national interest waiver. Claimed software engineering work for US company had substantial merit and national importance. AAO held proposed endeavor lacked specificity and national importance; no prospective impact beyond employer and clients; first prong of Dhanasar failed.

A software engineer with ten years of experience sought an EB-2 national interest waiver for work in cloud security and big data analytics. The AAO affirmed denial, finding his proposed endeavor lacked national importance because he provided no specific evidence of prospective impact extending beyond his own company or immediate clients to the broader industry or economy.

Pilot sought EB-2 with national interest waiver. AAO found advanced degree equivalent established but rejected NIW claim. Proposed endeavor of airline piloting lacks demonstrable national importance beyond industry-wide pilot shortage. Letters and advisory opinion failed to explain specific endeavor impact. Appeal dismissed.

General and operations manager seeks EB-2 with national interest waiver under Dhanasar framework. AAO dismissed, finding proposed endeavor lacks substantial merit and national importance; basic economic activity of advising businesses does not reach level required for waiver.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

Youth soccer academy petitioned to employ a soccer coach as an EB-2 beneficiary with national interest waiver. AAO affirmed denial because the coach's youth coaching endeavor lacked national importance; recommendations showed coaching excellence but not prospective impact at industry scale required by Dhanasar.

Biocompatibility material scientist with Ph.D. seeking EB-2 classification and national interest waiver. Petitioner demonstrated all three Dhanasar prongs: proposed wound care research has national importance, petitioner is well-positioned with advanced degrees and expertise, and waiver benefits U.S. interests. Appeal sustained.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

Marketing manager with advanced degree sought EB-2 national interest waiver. Director found advanced degree eligibility established. AAO affirmed denial, finding proposed endeavor lacked national importance; no evidence of projected economic impact or job creation at national level.

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

Attorney and international tax consultant with advanced degree seeking EB-2 NIW for self-employment in tax consulting. Met underlying advanced degree classification but failed first Dhanasar prong because specific endeavor lacked national importance. Creating eight jobs and tax revenue insufficient to establish substantial prospective impact warranting waiver.

A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.

Financial analyst with advanced degree seeking EB-2 classification and national interest waiver. Petitioner proposed real estate financial advisory work but failed to establish national importance under Dhanasar first prong. AAO found proposed endeavor lacks sufficient prospective impact beyond employer and clientele to warrant waiver.

A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.

Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

Business development director sought EB-2 NIW as advanced degree professional. Qualified for underlying EB-2. AAO found proposed business development endeavor poorly defined and lacking substantial merit and national importance. Petitioner failed to document specific projects, scale, or prospective economic impact needed to establish national importance.