Published AAO appeal decisions

Civil engineer and project manager seeks NIW for EB-2 classification to offer project management consulting for construction and infrastructure projects. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance; record does not establish substantial economic effects or job creation at required scale despite general industry importance.

Commercial administrator with logistics focus seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal, adopting director's finding that proposed logistics and supply chain management endeavor, while having substantial merit, lacks national importance; benefits limited to future clients rather than broader industry impact.

A software developer sought EB-2 national interest waiver, conceding advanced degree qualification. Claiming his Wyoming internet marketing company would reduce developer shortages and produce substantial economic effects, he failed to demonstrate national importance under Dhanasar. The AAO dismissed because the endeavor lacked broader industry implications and significant job creation potential.

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

Finance specialist sought EB-2 with NIW for a financial services business. The AAO held the petitioner failed to demonstrate national importance because benefits appeared limited to his employer; modest job projections and non-binding letters of intent were insufficient for national-level impact.

Business consultant sought EB-2 with NIW for a business providing financial services and courses to small enterprises and Hispanic communities. The AAO upheld dismissal, finding no error in Director's analysis and concluding petitioner failed to show national importance of the specific endeavor.

Legal and business advisor sought NIW as EB-2 to provide technical and mechanical support to disaster-affected communities and businesses. Petitioner claimed national importance based on reconstruction efforts and economic growth. AAO rejected national importance because claimed impact lacks substantiation and does not demonstrate broader industry or substantial economy-wide effects.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

A business consultant seeking NIW claimed her financial and business management consulting endeavor would have national importance through job creation and economic benefits. AAO affirmed denial because the specific endeavor lacked sufficient prospective impact on the field or economy to constitute national importance under Dhanasar.

Supply chain entrepreneur sought NIW to operate logistics platform for construction and manufacturing. AAO dismissed appeal, finding the proposed endeavor lacks national importance; petitioner provided insufficient evidence of broad field impact, did not demonstrate superiority over existing solutions, and lacked corroborating expert letters or government documentation of strategic relevance.

Nurse with advanced degree seeks national interest waiver to provide nursing care and train future nurses. AAO found proposed endeavor has substantial merit but lacks national importance. Training commitment insufficient; work impacts only employer and patients, not nursing field or economy more broadly.

Industrial engineer and entrepreneur with foreign engineering degree seeks NIW for EB-2. Proposed owning and operating concrete paver manufacturing company emphasizing eco-friendly products and exports. AAO held the specific endeavor, while having substantial merit, lacks national importance because it does not demonstrate broader field implications.

Accountant with IFRS expertise sought EB-2 advanced degree classification and national interest waiver to consult with small and medium enterprises. AAO held she qualified for EB-2 but failed to establish national importance of endeavor; her services would not sufficiently extend beyond prospective clients to impact economy broadly or produce substantial positive economic effects.

Paintless dent repair specialist in automotive industry seeking EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only two criteria (published material, judging) but failed to meet three required criteria and lacked evidence of sustained national or international acclaim at the top of the field.

A furniture designer sought EB-1A extraordinary ability classification. He claimed three criteria: awards, published material, and exhibitions. The AAO found he met awards and exhibitions criteria but failed published material because he provided no objective evidence establishing that articles were published in major media or professional trade publications.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Animal health specialist seeking EB-2 NIW for emotional support animal practice. Petitioner established advanced degree and substantial merit but failed to demonstrate national importance of proposed endeavor, showing only company-level rather than field-wide impact.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.

A judoka petitioner sought EB-1A extraordinary ability classification. The petitioner claimed three criteria: awards, membership, and published materials. The AAO affirmed the Service Center's denial, finding the petitioner failed to meet any three criteria; awards and membership lacked documented national significance and recognition standards.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

A salsa dancer, choreographer and instructor claims extraordinary ability. The AAO affirmed dismissal because the petitioner demonstrated only two of ten required criteria: judging and exhibitions. The remaining claimed criteria were not sufficiently established, falling short of the three-criterion threshold for final merits review.

Financial services and accounting professional sought EB-2 with national interest waiver to open consulting firm assisting U.S. companies with financial decisions and Latin American expansion. AAO affirmed denial, finding proposed endeavor lacked national importance; business growth projections and client services insufficient to establish substantial positive economic effects.