Published AAO appeal decisions

Healthcare administrator seeking NIW for EB-2 to work in healthcare facilities and create consulting company. Claimed national importance through healthcare importance and business plan. AAO dismissed, finding endeavor has substantial merit but lacks national importance because work limited to individual company clients without broader field impact.

An MMA lightweight fighter sought EB-1A classification claiming a major international award and multiple alternate criteria. The AAO found the petitioner met published material and high salary criteria but lacked the major international award and failed to establish sustained national or international acclaim required for extraordinary ability.

Compliance attorney in healthcare fraud and tax law seeks NIW. Claimed endeavor has substantial merit and national importance identifying healthcare waste and ensuring tax compliance. AAO affirmed denial, finding no showing that proposed work extends beyond current employers or impacts field broadly, lacks significant employment or economic benefits.

A legal analyst sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor—legal analysis for U.S. companies and individuals—lacked the broader implications, national or global reach, and significant employment or economic impact required by Dhanasar's first prong.

Public relations consultant seeking NIW for EB-2. Claimed public relations work has national importance via articles and employment projections. AAO dismissed, affirming Director's finding that contradictory evidence and generic field importance do not establish national importance of petitioner's specific endeavor.

An entrepreneur seeking EB-2 NIW for a digital marketing and mobile app consultancy business claimed substantial merit and national importance. AAO agreed substantial merit was established but held the specific endeavor lacked national importance because it showed no broader implications beyond the company and its customers.

Bioanalyst and high school teacher seeking NIW for consulting business in bioanalysis and STEM education. Claimed endeavor would advance science education and economic growth. AAO dismissed appeal, finding proposed endeavor lacked national importance and petitioner not well-positioned to advance it.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A physician and healthcare management professional sought EB-2 classification with a national interest waiver to open a healthcare company targeting the Latino community. The AAO held the proposed endeavor lacked national importance because it would benefit only direct clients, not the healthcare industry or economy broadly.

A soccer director seeking EB-2 with NIW to establish a youth and community development organization. Claimed her endeavor had substantial merit and national importance. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance; its positive economic effects were not commensurate with national-level significance.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

Logistics manager consultant sought EB-2 with NIW to open pharmaceutical consulting company. AAO held she lacked advanced degree or exceptional ability for EB-2; failed first Dhanasar prong because proposed endeavor lacked national importance, showing only local client value without broader field implications.

Travel agency owner seeking NIW to market tourism packages attracting Brazilian travelers to U.S. locations. Supported claims with industry reports on travel and tourism significance. AAO dismissed, finding that importance of travel industry and intended customer marketing do not establish national importance of petitioner's specific proposed endeavor.

An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.

Radio frequency engineer seeks NIW to establish wireless network design consulting firm. AAO held endeavor has substantial merit but lacks national importance; petitioner's expertise addresses prong two, not the specific endeavor's prospective impact. First prong failure dispositive.

Software developer claimed his endeavor modernizing financial institutions through software solutions meets national importance for NIW. AAO found substantial merit but rejected national importance because impact limited to prospective employer or clients, not field broadly. Appeal dismissed.

An entrepreneur with kinesiology background sought EB-2 NIW classification to provide rural healthcare services. The AAO affirmed the director's finding that the endeavor lacks national importance under the first Dhanasar prong. Second and third prongs were not reached. Appeal dismissed.

Computer systems analyst sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six criteria required. Appeal dismissed because petitioner failed to establish exceptional ability threshold, making NIW analysis unnecessary.

Self-employed entrepreneur proposing an aesthetician clinic claimed substantial merit and national importance for a national interest waiver. AAO held the proposed endeavor lacks national importance because it would not impact the medical aesthetics field or societal welfare beyond serving individual clinic clients.

Music producer and director in Christian music specializing in organizing and producing concerts. Claimed three evidentiary criteria. AAO held petitioner meets none: award lacks national recognition, original contributions lack major significance in music production field broadly, and video views do not constitute recognized commercial success evidence. Overall record lacks sustained acclaim.

A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.

A Taekwon-Do athlete from Kyrgyzstan seeks EB-1A extraordinary ability classification. The AAO dismissed because the petitioner did not establish a major award or meet three evidentiary criteria; the judging and published material criteria were not satisfied, and the overall record lacks evidence of sustained national or international acclaim.

An entrepreneur with advanced degree in logistics sought national interest waiver for EB-2. AAO dismissed, finding petitioner confused industry importance with endeavor importance, failed to establish specific business would substantially benefit field or economy, and lacked credible job creation projections.

An entrepreneur with a claimed master's degree from Brazil sought EB-2 NIW classification. The AAO found the petitioner did not establish an equivalent U.S. advanced degree or five years of progressive experience, and waived exceptional ability arguments. The Dhanasar NIW criteria were not addressed.

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.