Published AAO appeal decisions

Entrepreneur seeking national interest waiver for EB-2 advanced degree classification claimed endeavor in business consulting or biodegradable cleaning products. AAO dismissed appeal because petitioner provided inconsistent and insufficient evidence of proposed endeavor, failing first prong of Dhanasar by not demonstrating national importance or broader implications.

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

Media and marketing professional with LLC startup sought NIW for EB-2 classification. Proposed marketing services and training workshops for clients. AAO affirmed endeavor has substantial merit but lacks national importance; proposed work benefits specific clients and trainees without broader impact on advertising or marketing field. First prong failed.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

A managing director seeks national interest waiver for EB-2 classification. He claimed his alternative investment program has substantial merit and national importance with potential to attract foreign capital. The AAO held the endeavor lacks sufficient national importance because evidence does not demonstrate specific industry-level impact beyond general economic activity.

Registered nurse sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner demonstrated substantial merit but failed to establish national importance under first prong of Dhanasar framework. General nursing shortage does not render specific proposed endeavor nationally important; no documented innovations or broader implications for healthcare field shown.

An avionics engineer seeks NIW under EB-2. She proposed work in aircraft maintenance, training, and business development. The AAO found substantial merit but rejected national importance because her training and engineering work would not impact the aviation industry beyond her employer and clients.

Physical therapist with valid license claimed national interest waiver for EB-2. Met initial exceptional ability criteria through degree, license, and professional memberships. AAO found petitioner lacks expertise significantly above field ordinary level and proposed endeavor lacks national importance beyond individual patient impact.

Legal consultant with advanced degree sought NIW. Director approved advanced degree qualification but denied NIW. AAO affirmed, finding proposed legal consulting work for Brazil–South America clients lacks national importance despite substantial merit, as it lacks broader field impact or substantial U.S. economic benefit.

An entrepreneur seeking EB-2 NIW classification failed to establish advanced degree status and exceptional ability. The AAO found his proposed endeavor in food service entrepreneurship and business advisory services lacked national importance. The specific work would not impact the field or restaurant industry broadly and showed no significant potential for U.S. job creation.

Entrepreneur with advanced degree sought NIW for proposed real estate and business holding company. AAO affirmed dismissal, finding the ventures lack the national importance required under Dhanasar's first prong. Submitted generalized economic articles did not demonstrate substantial positive economic effects rising to national importance level.

General and operations manager applied for NIW under EB-2 with advanced degree. Petitioner proposed consulting services for general operations management and entrepreneurship. AAO affirmed Director's finding that while work had substantial merit, it lacked national importance; no evidence showed broader field impact or substantial positive economic effects for U.S. economy.

A recruitment consultant with an advanced degree sought EB-2 classification with national interest waiver. The AAO affirmed the petitioner qualifies as an advanced degree professional but found the proposed recruitment work, though having substantial merit, lacks national importance without sufficient documentary evidence of prospective broader economic impact.

A nurse seeks national interest waiver for EB-2 classification. She claimed her proposed nursing work has substantial merit and national importance. The AAO held the endeavor lacks national importance because it would only serve her immediate patients and employers, without demonstrating broader implications for nursing or healthcare fields as required.

IT specialist seeking NIW to fill gap in skilled professionals. Petitioner established substantial merit but failed to demonstrate national importance; tentative job offers in project leadership lack documentary evidence of broader field impact beyond employer benefit.

An entrepreneur and real estate developer seeks NIW for EB-2 based on business development and project management skills in real estate. The AAO dismissed, finding the proposed endeavor lacks national importance; developing 20 housing units in one Florida location does not have prospective impact commensurate with national importance or substantial positive economic effects.

An entrepreneur claiming exceptional ability and NIW sought to provide IT and business services. The AAO affirmed dismissal, finding his proposed endeavor had substantial merit but lacked national importance and would not impact the IT industry broadly or create substantial economic effects.

A cancer biology researcher with a Ph.D. sought a national interest waiver for EB-2 classification to conduct research on targeted cancer therapies. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the research has substantial merit and national importance, she is well positioned to advance it, and the waiver benefits the United States.

Accountant sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed accounting and tax consulting work demonstrated substantial merit but lacked national importance; no evidence of significant U.S. employment potential or substantial economic effects.

Marine engineer sought EB-2 classification and national interest waiver. AAO affirmed dismissal because proposed endeavor lacked national importance, affecting only employer and specific projects rather than the broader marine engineering field or national economy.

A medical scientist in dentistry sought EB-2 advanced degree classification with a national interest waiver for proposed oral health research. The AAO found the research had substantial merit and national importance but the petitioner was not well positioned to advance it, as education alone was insufficient and she lacked a documented record of research success or implementation.