Published AAO appeal decisions

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

A general and operations manager sought a national interest waiver for EB-2 classification, proposing to provide expert managerial services to U.S. companies. The AAO dismissed the appeal because the specific endeavor lacks national importance; it would benefit only individual employers and clients, not the broader field or economy.

Information security specialist sought NIW under EB-2. AAO found his proposed work in IT consulting and cybersecurity has substantial merit but lacks national importance because no documentary evidence shows broader field impact beyond employer benefit. Appeal dismissed.

Civil and mechanical engineer in transportation specialization claims national interest waiver for university research endeavor. AAO found insufficient detail regarding national importance; grant funding and projects postdated filing; no evidence of broad field implications beyond local academic work. Appeal dismissed.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.

Sales manager with advanced degree sought NIW for business endeavors including sales consulting and trading company. AAO found substantial merit but no national importance; the work lacked evidence of broader economic implications or prospective impact sufficient for waiver eligibility.

Event planner with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacked national importance. Speaking engagements, media coverage, and professional memberships did not establish impact reaching level of manufacturing innovations or medical advances.

A financial advisor with business ownership seeks EB-2 national interest waiver. The AAO found substantial merit in the endeavor but rejected it for lacking national importance, as operating her own business does not demonstrate significant potential to employ U.S. workers or broader economic effects.

Entrepreneur seeking NIW for advanced degree EB-2 to pursue body-positive social movement work. AAO dismissed appeal, finding proposed endeavor lacks definition, specified location, funding plan, and job creation details needed to establish national importance under Dhanasar first prong.

Civil engineer with advanced degree proposing to develop consulting firm providing civil engineering services. AAO dismissed appeal, finding proposed endeavor, though addressing housing shortage, lacks national importance because petitioner provided no evidence of substantial economic effects or job creation directly attributable to his work.

Civil engineer with graduate business coursework seeks NIW. AAO affirmed denial, finding no demonstrated national importance for specific proposed endeavor. Articles on STEM importance and engineering shortages insufficient; analysis must focus on individual's specific endeavor, not industry importance.

A civil engineer sought a national interest waiver for an EB-2 petition to work in civil construction. The AAO affirmed the director's denial, finding the petitioner's proposed business endeavor lacked the national importance required under Dhanasar's first prong, as it would benefit only himself, his companies, and clients without broader industry impact.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.

Information technology project manager seeking EB-2 with national interest waiver. Petitioner founded consulting company after petition filing based on client solicitations. AAO found proposed endeavor lacks sufficient specificity and national importance; STEM field designation alone does not establish required impact in information technology project management.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.

A banker sought EB-2 classification with national interest waiver for financial advisory work. The AAO found the petitioner failed to establish the first Dhanasar prong by providing only vague possibilities rather than a specific, detailed endeavor with national importance, and failed the second prong.

A financial operations professional seeks NIW for EB-2. AAO reversed the initial denial of EB-2 qualification based on foreign degree equivalent but dismissed appeal because her proposed endeavor—establishing a financial consulting firm—lacked national importance; benefits would be limited to her own business and clients, not impact the field broadly.

Chief financial officer and self-petitioner sought NIW for EB-2 classification for proposed financial consulting company. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor; business plan lacked credible evidence of substantial positive economic effects, job creation locations, or field-wide impact.