Published AAO appeal decisions

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Public relations consultant seeking NIW. Claimed substantial merit and national importance of public relations services endeavor. AAO found applicant failed first prong because evidence showed intention to work in field but lacked sufficient documentation of prospective impact rising to national importance level.

A mechanical engineer proposed to work in heavy equipment maintenance and repair. AAO dismissed the appeal because the proposed endeavor lacked national importance; it would impact only his customers and employers, not the automotive industry broadly, and showed no significant U.S. job creation or economic benefits.

Logistics business owner sought EB-2 NIW. AAO dismissed the appeal, holding that while the endeavor has substantial merit, it fails the national importance prong because benefits to individual clients do not rise to national impact or demonstrate substantial positive economic effects.

Aircraft mechanic seeking NIW for self-owned maintenance business. Claimed business would alleviate aviation mechanic shortage and provide training. AAO affirmed denial because proposed endeavor lacks national importance; one mechanic's operations insufficient to impact industry broadly or create substantial economic effects at national level.

Solar energy installations manager with advanced degree seeking NIW. Claimed substantial merit and national importance of solar installation business. AAO found endeavor failed first prong because applicant did not demonstrate prospective impact extending beyond company employees and customers to broader national level.

Architectural designer and manager seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit but not national importance. Petitioner's self-employment in interior design and project management lacks demonstrated broader implications, regional or national economic impact.

Self-petitioner, structural engineer proposing to operate his own design studio in Florida. Claimed national interest waiver for EB-2. AAO held proposed endeavor lacked national importance because it would benefit only his prospective clients without broader industry impact or economic effects warranting waiver.

A social worker sought EB-2 classification with national interest waiver. The AAO found she qualified as an advanced degree professional but failed the first Dhanasar prong because her endeavor lacked sufficient national importance; providing social work services without broader field-wide implications was insufficient.

An entrepreneur sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, affirming the director's finding that the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong.

An accountant with advanced degree sought NIW for self-employment in accounting services. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and national importance, and the petitioner was not well positioned to advance it with only vague plans and no documented progress.

Skydiving instructor sought NIW but did not qualify for EB-2 as advanced degree professional or individual of exceptional ability. Met only one of six exceptional ability criteria (license/certification). AAO held endeavor lacked national importance due to absence of quantified economic impact demonstration.

Physical therapist with advanced degree applied for EB-2 with NIW under Dhanasar. Director and AAO found venture has substantial merit but lacks national importance; specific endeavor not demonstrated to have implications beyond own business operations or broad advancements to healthcare field.

An entrepreneur seeks NIW for EB-2 proposing a transportation and logistics company with management solutions. The AAO affirmed denial, finding substantial merit but no national importance because the endeavor does not demonstrate sufficient economic impact or employment potential beyond his clientele.

An entrepreneur with pharmacy and diagnostic laboratory expertise seeks EB-2 NIW to open a low-cost diagnostic lab in an economically depressed region. AAO dismissed because the proposed endeavor lacks national importance; a small business serving local patients and employing 22 workers does not meet Dhanasar's requirement for broader field impact or substantial national economic benefit.

Recent law school graduate and former police officer seeks NIW for EB-2 to practice law. Proposes to represent clients in court, advocate for policy changes, and promote community rights awareness. AAO holds lawyer shortage alone insufficient and petitioner failed to demonstrate prospective impact beyond direct clients and employer or substantial positive economic effects at national level.

Computational materials scientist sought NIW claiming work on quantum information science and functional materials. AAO dismissed appeal because petitioner failed to specify a concrete proposed endeavor as required under Dhanasar, despite notice and opportunity to clarify.

Electrical engineer with decades of experience seeks EB-2 national interest waiver for consulting services bridging European and American electrical systems. Claimed national importance based on STEM shortage and consulting services. AAO dismissed, finding consulting services do not extend beyond client base to impact industry broadly; revenue and employment projections insufficient for substantial economic effects.

Aircraft maintenance specialist sought EB-2 national interest waiver. Claimed endeavor has national importance through aviation industry support and safety. AAO dismissed appeal because specific proposed endeavor lacked demonstrated national importance or broad field impact beyond position.

Entrepreneur in insurance and pet services sought NIW as EB-2 advanced degree holder. Proposed pet care business partnered with insurers. AAO adopted Director's denial, finding endeavor lacked national importance; reiterating benefits of profession insufficient and specific business impact must extend beyond clientele.

Mechanical engineer seeking NIW under EB-2 proposing to establish maintenance services company. AAO found proposed endeavor lacks national importance; plan omits critical details on location, scope, employee count, and economic impact. Second-preference eligibility reserved. Appeal dismissed.

General operations manager sought EB-2 with national interest waiver to operate acai fruit bowl and smoothie franchise kiosks. AAO found substantial merit but no national importance; proposed venture lacked size or scope to significantly impact economy or employment regionally or nationally.