Published AAO appeal decisions

A financial manager proposed an endeavor offering financial consulting to U.S. businesses. The AAO dismissed the national interest waiver appeal because the petitioner failed to establish that the specific proposed endeavor has national importance; the record lacked details on job creation, affected employers, or broader economic effects beyond individual clients.

A woodcarving artist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO found only the academic record criterion satisfied and rejected experience, salary, membership and recognition claims. Because the threshold classification failed, it did not analyze the waiver under the Dhanasar framework, and dismissed the appeal.

Business owner seeking NIW for supply chain management consulting in Florida. Claimed substantial merit and national importance for supply chain services supporting hose industry. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond personal business benefit; applicant changed core business plan after filing.

A legal analyst self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, finding the proposed endeavor lacks the national importance required under Dhanasar's first prong. The work—consulting on cross-border activities—was confined to specific employers and clients without broader field implications or substantial economic effects.

Legal analyst seeking EB-2 national interest waiver claimed her consulting work on cross-border corporate matters would generate national economic benefits. AAO dismissed appeal, finding the proposed endeavor lacks sufficient prospective impact beyond her employer and clients to demonstrate national importance under Dhanasar's first prong.

Architect and professor sought EB-2 NIW classification. Proposed to continue architectural design and teaching focused on affordable housing and construction projects. AAO dismissed, finding work lacks national importance; does not extend beyond personal projects to impact field or economy at required level.

Information technology specialist sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacked national importance under first Dhanasar prong; petitioner focused on past achievements and field importance rather than specific prospective endeavor impact.

Dentist with advanced degree seeking NIW. Proposed work as dental assistant or consultant managing dental office. AAO found endeavor has substantial merit but lacks national importance. Petitioner offered evidence of dentist shortage but AAO held individual practice cannot meet national importance standard. Proposed research component insufficient and not clearly integrated into clinical work.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

A mathematics lecturer proposed numerical methods research projects. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of his specific proposed research endeavors under Dhanasar's first prong, despite strong citation record.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.

Physical therapist sought EB-2 with national interest waiver. Did not qualify for underlying EB-2 classification: educational credentials did not meet professional requirements. National interest waiver analysis moot; petitioner made material changes to proposed endeavor in response to request for evidence.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Engineering project manager seeking NIW. Appeal dismissed because petitioner failed to establish eligibility for underlying EB-2 classification; credential evaluation did not comply with regulatory requirements and did not demonstrate academic equivalency of foreign education.

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.

Legal adviser self-petitioner sought national interest waiver for EB-2. AAO dismissed appeal, holding proposed endeavor as foreign legal consultant lacks national importance; work would benefit specific employers and Brazil-focused clients, not the legal field or U.S. economy broadly.

A martial arts coach sought EB-2 classification with national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor as a coach and trainer lacked sufficient evidence of substantial merit and national importance, failing the first prong of the framework.

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.

An athlete seeking NIW claimed exceptional ability through criteria including ten years full-time experience and recognition. The AAO dismissed the appeal, finding he did not meet three of six regulatory criteria for exceptional ability, thus did not qualify for underlying EB-2 classification.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.