Published AAO appeal decisions

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.

A restaurant employer sponsored an executive chef with 14 years of experience and United Kingdom culinary training for EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the beneficiary met only one of ten evidentiary criteria and the record lacks evidence of sustained national or international acclaim required for extraordinary ability status.

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.

Entertainment group petitioned for singer beneficiary for O-1A extraordinary ability. Petitioner failed to establish award-status level or three documentation forms, did not properly file for accompanying O-2 beneficiaries, and appeal was dismissed.

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.

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

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.

International youth hockey program sought O-1A visa for head coach. Beneficiary met only one of eight evidentiary criteria (high salary). AAO dismissed appeal finding petitioner failed to demonstrate three required criteria and thus could not reach totality evaluation of extraordinary ability in athletics.

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.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Commercial pilot with advanced degree sought EB-2 with national interest waiver. The AAO found his proposed endeavor—employment as pilot and instructor—lacked national importance because he did not identify specific impact on aviation field beyond customers and employers. General pilot shortages do not establish national interest.

Civil engineer sought EB-2 NIW. AAO dismissed after finding petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. Description too vague lacking economic impact specifics.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.