Published AAO appeal decisions

An entrepreneur with 25 years of business experience sought a national interest waiver for EB-2 classification, proposing to continue work advising agribusiness companies. The AAO dismissed the appeal because the proposed endeavor lacks national importance; petitioner provided no evidence that his work would impact the industry or economy beyond specific client businesses.

A petitioner claiming exceptional ability for security management proposed a waiver. The AAO dismissed because the petitioner failed to establish the EB-2 exceptional ability classification (not meeting three of six regulatory criteria) and provided inconsistent, insufficient evidence regarding the specific proposed endeavor required for national interest waiver analysis.

Author, motivational speaker, and leadership teacher sought NIW for EB-2 classification to conduct training and mentoring in leadership development. AAO dismissed appeal, finding proposed endeavor lacks national importance as impact limited to direct students, and petitioner failed to demonstrate positioning to advance endeavor despite advanced degrees.

An entrepreneur seeking EB-2 classification with national interest waiver for a trucking business failed the first Dhanasar prong. The AAO found the proposed endeavor lacked demonstrated national importance despite industry relevance, as the petitioner showed no evidence the business would impact the broader freight transportation industry beyond his company's operations.

Attorney and social responsibility expert seeks NIW for EB-2 advanced degree classification. Proposed creating business promoting family values, work-life balance, and social responsibility. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed past philanthropy but no evidence of prospective impact at national level.

Tax compliance manager with advanced degree from Venezuela seeks NIW. AAO affirmed denial, finding her continued employment with current employer lacked national importance. General industry importance insufficient; specific endeavor must show national or global implications.

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

A financial manager with advanced degree seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because proposed financial management and accounting work, while of substantial merit, lacked national importance; work would benefit specific employers and clients but not impact field or industry broadly.

A computer scientist and instructor sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner qualified as advanced degree professional but failed the first Dhanasar prong because she did not present a specific proposed endeavor and her teaching activities lacked broader field impact.

Pilot with advanced degree claimed NIW based on aviation industry pilot shortage and proposed flight instruction or academy work. AAO found proposed endeavor too vague with inconsistent job ideas to determine national importance, failing first Dhanasar prong.

Civil engineer qualified for EB-2 advanced degree sought national interest waiver for real estate development and construction company. AAO found his proposed endeavor lacked national importance under Dhanasar's first prong, as it would not sufficiently impact the field or economy beyond his immediate employers.

An advanced degree holder in frozen dessert production sought national interest waiver. Although the petitioner showed business growth potential and economic impact projections, the AAO found insufficient evidence that the endeavor would substantially benefit the regional or national economy or create significant U.S. employment.

Child development psychologist sought NIW under EB-2. Director found substantial merit but not national importance. AAO affirmed, finding no evidence proposed work extends beyond clients and students to impact field broadly or create substantial U.S. jobs and economic effects.

Business administrator proposed to manage early childhood education franchises in Florida. AAO found endeavor has substantial merit but lacks national importance; benefits too localized. First Dhanasar prong failed; waiver denied.

A transportation researcher with advanced STEM degrees proposed continuing research on modeling tools and methodologies for transportation planning. The AAO sustained the appeal, finding the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it, and national interest favors the waiver.

Psychological science researcher with Ph.D. sought EB-2 classification with national interest waiver. AAO sustained appeal, finding all three Dhanasar prongs met: proposed research has substantial merit and national importance; petitioner is well positioned to advance it; waiver benefits U.S. interests.

A chief academic officer self-petitioner sought EB-2 classification with national interest waiver for online education business. The AAO dismissed because the petitioner failed to articulate a specific proposed endeavor, instead describing multiple overlapping positions and activities without clear delineation.

Dental surgeon seeking NIW for advanced degree EB-2 to establish dental clinic. AAO dismissed appeal, finding proposed endeavor lacks national importance, petitioner not well positioned to advance it given focus on esthetician work, and labor shortage insufficient to balance waiver factors.

A robotics engineer proposed establishing a U.S.-based company providing remote-control services and consulting. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor has national importance; generic field information and personal intentions do not demonstrate projected impact rising to substantial positive economic effects.

Information technology director seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner failed to establish foreign education equivalent to U.S. bachelor's degree and did not meet three criteria for exceptional ability. National importance of proposed endeavor also not established under Dhanasar framework.

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

Physical therapist and doula with advanced degree seeking national interest waiver for EB-2. Petitioner claimed endeavor has national importance due to therapist shortage and Brazilian healthcare knowledge. AAO found petitioner submitted industry-level data but failed to demonstrate her specific endeavor would have national importance; individual patient care and business startup lack evidence of broader field impact.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

Transportation engineer with bachelor's degree and work experience sought EB-2 with NIW. AAO found he lacked sufficient post-baccalaureate experience for advanced degree classification and his proposed traffic engineering endeavor lacked the national importance required for waiver under Dhanasar.

Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.