Published AAO appeal decisions

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Pipeline engineer seeks NIW for EB-2 advanced degree classification in oil and gas industry. Fails first Dhanasar prong: undefined endeavor as independent consultant or unspecified employee lacks specific national importance; importance of occupation and industry cannot substitute for documented specific endeavor impact.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

A financial analyst sought EB-2 classification with national interest waiver. The AAO found she did not qualify as an advanced degree professional or individual of exceptional ability, lacking required work experience and failing to meet three evidentiary criteria. The appeal was dismissed without reaching the Dhanasar framework's second and third prongs.

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR field.

Self-petitioner, researcher with advanced degree seeking EB-2 NIW. First prong met: substantial merit and national importance established. Second prong failed: despite academic accomplishments and research participation, petitioner did not demonstrate sufficient role significance or progress toward goals to be well-positioned to advance endeavor.

International trade entrepreneur applied for EB-2 as person with exceptional ability seeking NIW. Director found substantial merit and that applicant well-positioned but denied national importance; AAO affirmed. Projected revenues and employment insufficient to demonstrate specific endeavor's national economic implications.

A civil engineer proposing a clean energy consulting company seeking EB-2 with national interest waiver. The AAO affirmed the director's finding that the proposed endeavor lacks national importance. Business plan lacked sufficient detail on worker employment and economic impact. Appeal dismissed on first Dhanasar prong; second and third prongs reserved.

Dentist seeking NIW for EB-2 claimed her dental practice and advisory services have national importance. AAO held she provided inconsistent descriptions of her endeavor and failed to establish prospective impact at national level required for first Dhanasar prong.

A civil engineer sought EB-2 advanced degree classification with national interest waiver to run his own engineering services company in Florida. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not impact the civil engineering field broadly and petitioner was not well-positioned to advance it.

Professional surfer claims extraordinary ability in competitive surfing. Petitioner established two initial criteria but not the required three minimum. Awards criterion failed; team bronze medal did not constitute individual award. Membership criterion failed; no evidence organizations required outstanding achievements by recognized experts. AAO found insufficient evidence of sustained national or international acclaim to meet extraordinary ability standard.

A business and finance administrator sought EB-2 advanced degree classification with national interest waiver. The AAO dismissed the appeal, finding the petitioner's proposed endeavor lacked sufficient specificity and national importance; consulting services were too general to demonstrate broader field impact.

Business administrator sought NIW for EB-2 classification to establish management consulting and training company. Director found substantial merit but not national importance. AAO affirmed dismissal, finding petitioner failed to demonstrate her specific endeavor would produce substantial prospective impact or national importance despite overall field significance.

Logistics manager with claimed advanced degree seeks national interest waiver for own business in supply chain management. AAO dismissed because petitioner failed to establish underlying EB-2 classification and also did not demonstrate his proposed endeavor has national importance beyond his clients.

An IT specialist and entrepreneur sought an EB-2 national interest waiver for custom ERP software development. The AAO dismissed, finding the business plan lacks sufficient evidence that custom software development would have national importance or substantially advance the IT field or U.S. competitiveness.

Computer systems consultant and entrepreneur sought NIW for EB-2. He proposed consulting services with claimed job creation and revenue projections. AAO held the specific endeavor remained vague and lacked prospective national impact; projected revenue and job creation insufficient to establish national importance.

Culinary entrepreneur with advanced degree sought NIW for specialty cake market business. AAO dismissed because the petitioner, despite 16 years entrepreneurial experience and substantial merit, failed to show national importance; independent bakery does not impact culinary arts broadly enough.

Linguist with advanced degree sought EB-2 with NIW for communications director role in trucking industry. Director found eligibility but denied NIW. AAO affirmed, finding petitioner failed first Dhanasar prong; proposed endeavor lacks specific national importance despite industry significance and late-added claims about owning company.

Financial manager with advanced degree sought national interest waiver for consulting firm providing financial planning and company valuation services. AAO found endeavor has substantial merit but lacks national importance; projected eight million dollars in revenue and twenty-one jobs insufficient to demonstrate national-level economic impact. Appeal dismissed.

A teacher sought NIW EB-2 classification proposing flashcard teaching methodology in underserved communities. The AAO found the endeavor has substantial merit but lacks national importance, as it would not impact education broadly and evidence did not establish specific prospective impact.

Financial and investment specialist seeks NIW for consulting business providing financial advisory services to small businesses. AAO found substantial merit but held proposed endeavor lacks national importance without detailed evidence demonstrating scope and nationally significant impact on financial literacy or small business growth.

Self-petitioner dentist sought EB-2 NIW based on proposed dental clinic practice. AAO found endeavor has substantial merit but not national importance. Business plan projections and general importance of dentistry do not establish that one dental clinic will have significant prospective impact beyond its own operations and patients.

Foreign legal consultant sought EB-2 with national interest waiver. AAO dismissed appeal finding no national importance. Laudable goals for capital accumulation, job creation, and legal innovation lacked evidence of prospective broad impact. Past achievements and conclusions about influence on legal field insufficient without detailed demonstration of field-wide or economic significance.

Commercial pilot seeking NIW for EB-2 as individual of exceptional ability claimed national importance based on U.S. pilot shortage and aviation industry importance. AAO dismissed because pilot shortage and industry importance do not establish national importance of specific endeavor; no evidence of prospective impact on aviation field beyond employers and customers.

Foreign legal consultant sought EB-2 with national interest waiver. AAO affirmed denial, finding petitioner qualified for EB-2 and proposed endeavor had substantial merit but lacked national importance. Industry reports and unsupported assertions insufficient to show prospective impact beyond individual clients.