Published AAO appeal decisions

Construction estimator seeking EB-2 NIW claimed proposed construction firm would address infrastructure and affordable housing. AAO held the specific endeavor lacks national importance because the record does not establish substantial positive economic effects beyond the petitioner's company and clients.

A mechanical engineer seeks EB-2 national interest waiver to work as construction manager in oil and gas sector. The AAO found substantial merit but no national importance, as the work lacks prospective impact beyond the employer and clients to broader industry implications.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

A self-petitioner researcher in geospatial information management sought an NIW as an advanced degree professional. The AAO affirmed denial, finding she demonstrated substantial merit and was well-positioned but failed to establish the national importance of her proposed research as required by Dhanasar's first prong.

An entrepreneur seeking EB-2 classification with national interest waiver claimed to work in oil and gas consulting. The AAO found the petitioner failed the first Dhanasar prong by providing vague, contradictory descriptions of the proposed endeavor without establishing its specific national importance.

Medical scientist seeking EB-2 with national interest waiver. Claimed proposed endeavor to bridge Korean and U.S. medical systems had substantial merit and national importance, and that he was well positioned to advance it. AAO found the endeavor lacked specificity, techniques were not clearly identified or proven superior to existing U.S. offerings, and no demonstrated partnerships or interest from relevant institutions.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.

Human resources manager with advanced degree seeks NIW for EB-2 classification to implement diversity and workplace safety initiatives in U.S. companies. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; general HR and safety work does not satisfy Dhanasar first prong.

An economist with master's degree in economics claims national interest waiver for educational consulting company bringing Nigerian students to U.S. universities. AAO found substantial merit but not national importance; endeavor too narrowly scoped to Nigerian students without broader field impact. Appeal dismissed.

Assistant professor of finance seeks national interest waiver for EB-2 based on real estate research. Director found substantial merit but not national importance. AAO reversed, finding research on environmental, social, governance impacts and market solutions has national importance through academic dissemination. Petitioner meets all three Dhanasar prongs.

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

Graphic designer self-petitioner claimed national interest waiver under EB-2. AAO affirmed denial on two grounds: petitioner failed to establish equivalency to U.S. advanced degree, and proposed business endeavor lacks national importance or broader economic effects.

Vocalist and music teacher with advanced degree sought national interest waiver for endeavor of musical event management and classical music teaching. AAO affirmed underlying EB-2 eligibility but found proposed activities lacked national importance, distinguishing from STEM teaching precedent by showing no broad industry impact. Appeal dismissed.

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.

Marketing professional with Brazilian tourism experience seeks national interest waiver for EB-2. Petitioner initially proposed general marketing work, then introduced new business plan at RFE stage. AAO found impermissible material change and held original endeavor lacks national importance. Work would not impact field or economy beyond specific employer clientele.

An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

IT instructor with advanced degree seeks NIW for EB-2 classification to provide IT training and workforce development to reduce crime and close digital divide. AAO dismissed appeal, holding the proposed endeavor lacked national importance; teaching students does not demonstrate broader impact on IT field or substantial economic effects.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.