Published AAO appeal decisions

Self-petitioner attorney sought EB-2 NIW for proposed international business consulting and maritime law endeavor. Submitted curriculum vitae, recommendation letters, credentials, and industry reports. AAO held proposed endeavor did not demonstrate national importance; petitioner misunderstood Dhanasar framework by emphasizing past performance rather than specific endeavor impact.

Psychologist self-petitioner claimed national interest waiver for proposed multidisciplinary team providing services to vulnerable youth addressing homelessness. AAO held petitioner failed first Dhanasar prong: showed youth homelessness is nationally important but not that her specific endeavor has prospective impact or differs from existing solutions; lacked business plan and specific operational details.

Accounting and tax specialist sought self-petitioner NIW to work with small and medium businesses on compliance and strategic financial planning. AAO agreed endeavor has substantial merit but found no national importance because petitioner failed to demonstrate broader implications beyond his own clients or impact on accounting field.

A soccer coach holding an advanced degree sought NIW. The AAO affirmed dismissal because the petitioner's specific proposed endeavor lacked national importance. While youth sports have merit, the coaching and consulting business lacked evidence of broader implications, substantial economic effects, or impact beyond the specific clients and participants.

IT entrepreneur sought national interest waiver for EB-2 petition. Director found substantial merit and good positioning; AAO affirmed denial because the proposed business endeavor lacked national importance, affecting only four small clients without broader industry or economic impact.

A civil engineer with experience in metal scaffolding and building support structures sought EB-2 national interest waiver. The AAO affirmed denial, finding the proposed endeavor—continuing civil construction work and training employees—lacked the prospective national impact required by Dhanasar's first prong.

Treasurer and controller seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal, finding insufficient evidence that his proposed financial management endeavor has substantial merit or national importance as required by Dhanasar first prong; work lacks regional or national population impact.

An architect and project manager with advanced degree sought NIW. AAO found substantial merit but not national importance; initial proposed endeavor lacked broader implications beyond self-owned firm and petitioner impermissibly changed the proposed endeavor post-filing.

Mechatronics engineer seeking NIW for self-employed industrial consulting focusing on environmental and manufacturing efficiency. AAO dismissed because petitioner failed to establish national importance; confusing proposed company with endeavor and lacking objective evidence of field-level impact did not overcome first prong failure.

Industrial engineer in lean production holding master's degree seeking EB-2 NIW. Claimed national importance based on job creation and support for domestic manufacturing and sustainability. AAO found endeavor substantively meritorious but lacked national importance; work limited to small client base without demonstrated broader implications in engineering or manufacturing fields.

Computer systems consulting entrepreneur sought national interest waiver for EB-2 petition. AAO affirmed denial because proposed endeavor lacked national importance despite substantial merit, affecting only niche target market without broader industry or economic impact.

International financial advisor sought NIW as EB-2 advanced degree professional. AAO held that specific proposed financial management work, though from important field, lacks sufficient national importance because record did not demonstrate prospective impact on field, significant job creation, or substantial economic benefits at required threshold.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Self-petitioner in financial management consulting sought NIW for proposed Florida consulting business. AAO affirmed denial because the specific proposed endeavor lacked demonstrated national importance; general industry value, occupation importance, and claimed community contributions were insufficient without concrete evidence of broader implications or substantial economic effects.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

Human resources management professional holding advanced degree sought EB-2 national interest waiver. Petitioner established advanced degree eligibility and substantial merit but failed to demonstrate national importance of proposed HR endeavor, relying on credentials rather than prospective impact evidence.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

A CEO sought NIW for EB-2 claiming national importance of his business endeavor. AAO dismissed appeal, finding the proposed venture lacked national importance because its impact would be limited to the employer and clients, not the broader field.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

A commercial manager seeks NIW for EB-2 to work as commercial management consultant for U.S. businesses. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar first prong; petitioner failed to show broad field impact or exceptional economic effects, dismissing appeal.