Published AAO appeal decisions

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.

Industrial instrumentation specialist sought EB-2 advanced degree classification with national interest waiver. AAO dismissed, finding proposed endeavor of providing instrumentation services to manufacturing companies lacks national importance; benefits limited to specific employer and clients without broader field or economic impact.

IT project manager sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong; proposed endeavor lacked national importance, benefiting only employer and clients without establishing broader economic effects or job creation.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

An airline pilot first officer/captain sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding that evidence of pilot shortages and aviation industry importance did not establish that the petitioner's specific endeavor as a commercial pilot had national importance or broader implications.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Clean products trader in oil and gas with chemical engineering degree seeking EB-2 NIW. Proposed continuing trading role domestically. AAO dismissed, finding trader's specific endeavor, though in nationally important industry, lacks independent national importance and broader prospective impact.

An airline pilot seeking EB-2 with national interest waiver. The AAO found no specific, detailed proposed endeavor beyond continuing commercial pilot work. The petitioner failed to establish substantial merit and national importance, confusing industry shortage with endeavor-specific national importance under Dhanasar. Appeal dismissed.

Animation specialist with advanced degree seeks NIW for EB-2. Claimed proposed animation work is of national importance. AAO held the work lacks national importance because petitioner failed to demonstrate broader implications beyond employer and its clients; the importance of the field itself is insufficient.

Nurse with advanced degree sought EB-2 NIW for clinical nursing role. AAO dismissed appeal because working as a clinical nurse lacks national importance; evidence about nursing shortage addressed field importance, not the specific endeavor's prospective impact. Business plan postdated filing.

Education administrator seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit established but national importance not demonstrated. Petitioner's bilingual elementary teaching and coordination in public schools lacks prospective impact beyond her specific students and schools.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

Aircraft mechanic and technician sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO dismissed, finding proposed endeavor of working as aircraft interior technician lacks national importance; arguments regarding aviation industry importance do not establish specific endeavor's broader impact.

A police inspector with an advanced degree sought EB-2 national interest waiver for a private security consulting business. The AAO dismissed the appeal, finding that while the field itself is important, the petitioner failed to demonstrate his specific business would impact the private security industry broadly or extend beyond serving individual clients.

Data analytics specialist with advanced degree sought EB-2 with national interest waiver. The AAO found her proposed work lacked national importance because evidence did not show impact beyond her future employer and clients on the IT industry, data analytics field, or broader economy at national level.

Marketing and communication vice president seeks NIW for EB-2. Claimed proposed endeavor promotes economic growth and onshoring in textile industry. AAO held the work lacks national importance; promoting existing technologies to current and prospective customers does not impact industry or field more broadly.

Logistician sought exceptional ability classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; role maintaining current employment and serving employer clients insufficient, lacking national or global implications or significant broader field impact.