Published AAO appeal decisions

A journalism professor proposing an open-access radio content institute for training and broadcasting. AAO held that while substantial merit was established, national importance was not; evidence lacked demonstrable prospective impact on field or broader implications commensurate with national significance.

Professional freestyle wrestler seeks NIW for EB-2 advanced degree classification. Proposed competing and coaching for university wrestling club to increase U.S. athletic competitiveness. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed petitioner's skills and value but no documentation of prospective impact on sport broadly or significant employment or economic benefits.

Dentist sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional (lacked DDS/DMD equivalent) or exceptional ability (only met two of six criteria). AAO dismissed appeal.

Nurse petitioner self-filed for EB-2 with NIW, proposing to provide expert nursing advice and treatment at a healthcare facility. AAO dismissed: the proposed endeavor lacks national importance because it benefits only the specific employer and patients, not the broader field, and general industry reports about nursing shortages do not address the specific endeavor's national impact.

A nurse sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to demonstrate national importance of her proposed nursing services endeavor. The decision held that providing nursing services lacks the broader field implications and substantial economic effects required under Dhanasar.

Medical researcher with Ph.D. sought national interest waiver after director found advanced degree eligibility. AAO held all three Dhanasar prongs met: proposed research has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States based on her demonstrated expertise and contributions.

A police sheriff sought national interest waiver for law enforcement or corporate security consulting work. The AAO found the petitioner does not qualify as advanced degree professional and failed to demonstrate her proposed endeavor has national importance beyond specific employers or school programs.

A pilot sought a national interest waiver with EB-2 classification, proposing to work for U.S. airlines and train other pilots. The service center accepted the underlying classification but denied the waiver. The AAO dismissed the appeal because the endeavor lacked demonstrated national importance, and it did not reach the remaining prongs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

A professor and researcher with PhD sought EB-2 NIW for proposed research endeavor. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor had national importance, petitioner was well positioned to advance it, and waiver would benefit the United States.

Self-petitioner, engineer in electrical and electronics engineering and oil and gas sector, sought NIW for continuation of employment. Met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: training endeavor, though occurring in important industry, affects only specific employer and clients, not field broadly, and lacks national importance.

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

A financial executive sought a national interest waiver for an EB-2 petition. Although the director found the petitioner qualified as advanced degree professional and the endeavor had substantial merit, the AAO affirmed denial, finding the proposed work lacks national importance because it would not impact the finance industry beyond the employer.

Training and development manager sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional or exceptional ability; failed to meet at least three of six regulatory criteria. AAO dismissed appeal.

An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.

Business management consultant sought national interest waiver claiming endeavor of operational supervision and continuous improvement techniques. AAO held proposed endeavor lacked national importance, finding past company results insufficient to establish broad impact and applicant's qualifications relevant only to subsequent prong. Appeal dismissed.

Tennis coach seeking EB-2 NIW proposed operating a tennis academy. AAO held the specific endeavor lacks national importance despite assertions of tennis benefits and a product innovation; the record does not demonstrate national or global implications within the field or substantial positive economic effects beyond the business.

A physical therapist proposing to operate a business providing physical therapy and Pilates services, with potential cross-border consulting. AAO held that the petitioner failed the first prong by lacking sufficient evidence that the business would impact healthcare broadly or generate substantial economic effects at national level.

A dental medical scientist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner met the underlying advanced degree requirement but failed to establish a consistent, clearly defined proposed endeavor with substantial merit and national importance, and was not well positioned to advance the work due to lack of U.S. dental practice qualification.

A civil engineer proposed a consulting business offering services to road and highway construction companies. The AAO affirmed dismissal because the petitioner failed to demonstrate that the specific endeavor has national importance under Dhanasar; describing the general importance of infrastructure and infrastructure priorities was insufficient without showing prospective impact.

Civil engineer self-petitioner claimed national interest waiver for consulting services in road and highway construction. AAO affirmed denial, finding the proposed endeavor lacks national importance despite industry merit; employment potential and economic effects remain unspecified and insufficient.

An advanced degree professional proposed a personalized fitness and wellness business. The AAO found substantial merit but rejected national importance, concluding the endeavor lacked broader implications beyond servicing individual clients and would not provide substantial economic effects to merit a waiver.

A general and operations manager and self-founder of a freight transportation company sought a national interest waiver for EB-2 classification. The AAO dismissed the appeal because the proposed endeavor lacks national importance; it does not demonstrate national or global implications or substantial positive economic effects beyond specific clients.

A self-petitioner seeking national interest waiver for security consulting business proposed to provide expertise to U.S. companies. AAO held that the petitioner failed to demonstrate national importance because the business would operate only for specific clients without broader implications for the field or meaningful economic impact.