Published AAO appeal decisions

A commercial airline pilot and captain with advanced qualifications proposed pilot and flight instructor work and aviation safety consultancy. The AAO held his expertise and prior success, while relevant to positioning under the second prong, do not establish national importance of the specific proposed endeavor, which lacks demonstrated broader implications for the aviation industry.

Entrepreneur seeking EB-2 with self-petitioner NIW for cybersecurity and IT consulting startup. Claimed endeavor has national importance through potential employment and economic ripple effects. AAO held endeavor lacks national importance; specific business plan too vague; benefits limited to company and clients; no evidence of broader implications.

A civil engineer with a Master's degree in civil engineering proposed research on recycled materials in asphalt pavement. The AAO held the proposed endeavor, while occurring in a STEM field, lacks substantial national importance because it shows no broader implications commensurate with national interest, failing the first Dhanasar prong.

Self-petitioner, IT professional proposing specialized IT consulting and training business. Claimed national importance based on STEM field work and gender diversity in IT. AAO dismissed, finding the specific endeavor lacks national importance; working in STEM alone does not establish national importance of a particular proposed business.

Trade marketing and ecommerce consultant with MBA sought EB-2 NIW. AAO affirmed dismissal, finding proposed endeavor lacks national importance under Dhanasar framework. Evidence of professional skills and industry reports insufficient; no demonstration of broader impact beyond petitioner's company or customers.

An electrical engineer with an MBA sought EB-2 classification and NIW for a consulting firm offering process safety and sustainable energy services. The proposed endeavor lacks national importance; it does not extend beyond the petitioner's employer and clients to impact the field broadly or employ disadvantaged workers.

Climate economics researcher proposed research on carbon cap-and-trade and green jobs. AAO held the proposed endeavor lacks national importance because petitioner failed to show how specific research would impact U.S. policy or economy; relying on field importance and past accomplishments insufficient.

An administrative and human resources manager seeking EB-2 with NIW to establish a management consulting firm claimed substantial merit and national importance. The AAO found the endeavor lacked national importance, having only limited benefits to prospective clients and employees without broader economic implications.

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

Advanced degree professional seeks EB-2 classification with national interest waiver for business development endeavor. AAO dismissed appeal, finding proposed work extending to business associations lacks demonstrated national or global implications, does not directly employ workers, and fails to show significant positive economic effects indicative of national importance.

A tax professional with a bachelor's degree and five years experience sought EB-2 classification with national interest waiver for an international trade compliance company. The AAO dismissed, finding the company lacks national importance: employing up to 120 workers or specific profits do not demonstrate substantial economic effects in a 52 billion dollar industry.

Entrepreneur seeking EB-2 with self-petitioner NIW for financial literacy and lending mobile app platform. Claimed endeavor promotes financial inclusion and employs U.S. workers. AAO held endeavor lacks national importance; projected benefits insufficiently corroborated; impact limited to app users; working in important field insufficient without broader implications.

Dentist seeking NIW for EB-2 classification proposes opening dental clinic with oral surgery services and claiming research in oral cancer detection has national importance. AAO held endeavor has substantial merit but lacks national importance; claimed research advancement and STEM characterization insufficient without evidence of broader field impact.

Forensic DNA technologist seeking EB-2 with national interest waiver. Petitioner claimed her work aligns with Justice for All Act and addresses DNA testing availability. AAO found the specific proposed endeavor lacks national importance because it extends only to employer's clients and courtroom testimony, not her field broadly.

A certified public accountant with ten years' experience seeks EB-2 with national interest waiver to operate a financial consulting firm in Texas. She claimed her endeavor has national importance but failed to demonstrate broader implications beyond her prospective clients and employees or substantial positive economic effects. The AAO dismissed the appeal.

Industrial engineering manager and entrepreneur seeking EB-2 with national interest waiver. Claimed proposed endeavor has substantial merit and national importance. AAO affirmed denial, finding endeavor lacks national importance because it does not extend beyond the applicant's company to impact the field broadly.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.

Medical scientist seeking EB-2 NIW for cancer research endeavor. Claimed substantial merit and national importance through publications, recommendations, and funding. AAO held proposed work lacks demonstrated national importance because specific endeavor's broader field implications were not established; general cancer information insufficient.

An IT consultant with a bachelor's degree seeks NIW as EB-2 advanced degree professional to establish a company offering digital transformation consulting for small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not extend beyond the company's clients to impact the field broadly.

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Lawyer in Brazil sought EB-2 NIW to establish a consulting firm for U.S. banks entering Brazilian market. AAO held the proposed endeavor lacks national importance; industry reports and business plans fail to demonstrate specific prospective impact beyond individual clients or broader field implications.

Software engineer and researcher seeking NIW for EB-2 classification proposes health and nutrition app claiming national importance through healthcare cost reduction and improved outcomes. AAO held endeavor has substantial merit but lacks national importance; impact confined to particular clients without evidence of broader societal or economic implications at national scale.

Food waste management entrepreneur sought EB-2 NIW classification with advanced degree. Petitioner claimed innovative sustainable solutions would have national importance. AAO held proposed endeavor insufficiently defined and fails first prong because scope unclear, innovative tools undefined, and competitive advantages undemonstrated compared to existing market offerings.

Industrial production management consultant sought EB-2 NIW for consulting company. Business plan projected up to 21 employees and substantial wages. AAO found no evidence of field-wide impact beyond client services, unsupported claims about manufacturing competitiveness, and insufficient job creation relative to industry scale.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.