Published AAO appeal decisions

Self-petitioner, fitness entrepreneur proposing fitness director role with consulting services. Claimed substantial merit and national importance under Dhanasar. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance because it affects only her clients, not the fitness industry broadly.

Marketing manager seeking national interest waiver for self-owned firearms and beauty product businesses. AAO held proposed endeavors lack national importance because they would not impact petitioner's field broadly and do not extend beyond her immediate clientele.

Dermatologist self-petitioner sought NIW for endeavor providing dermatology services emphasizing care for underserved and cancer patients. AAO found endeavor has substantial merit but lacks national importance; does not demonstrate broader field impact or significant economic effects required under Dhanasar first prong.

A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.

Brazilian entrepreneur in civil engineering sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of endeavor to develop and expand company operations. AAO held proposed endeavor lacked clarity and demonstrated insufficient prospective impact beyond his own business clientele to establish national importance.

Business intelligence analyst seeking national interest waiver claimed endeavor providing data analysis services to small and medium enterprises would benefit U.S. economy. AAO dismissed, finding proposed work lacked national importance because benefits were narrowly confined to individual client revenue improvement without broader field or economic implications.

A nurse in Brazil sought EB-2 NIW to continue nursing career in U.S. hospitals. The AAO found the nursing endeavor had substantial merit but rejected the petition because the petitioner failed to show national importance. The work's impact remained limited to individual patients and institutions, lacking broader implications.

A business owner in vehicle and signage graphics sought exceptional ability classification with a national interest waiver. The director found the exceptional ability criteria unmet. The AAO withdrew a favorable finding on the degree criterion, found experience and recognition criteria unmet, dismissed the appeal, and reserved the Dhanasar waiver analysis.

Industrial engineer seeking EB-2 with national interest waiver proposed supply chain management consulting. AAO affirmed denial because the specific endeavor lacked demonstrated national importance despite industry importance; supply chain work was confined to individual clients and businesses without broader field-level implications.

Information technology systems specialist sought EB-2 with national interest waiver for IT infrastructure services business. AAO found substantial merit but not national importance; projected revenue and employment figures insufficient to demonstrate substantial economic effects or broader industry impact.

English professor self-petitioner claimed extraordinary ability through three evidentiary criteria. AAO found petitioner failed to meet the judging criterion and could not reach three criteria minimum. AAO also found no sustained national or international acclaim demonstrating extraordinary ability required for EB-1A classification.

Hair stylist claimed EB-1A extraordinary ability. AAO dismissed after finding only two of ten criteria met, below three-criterion threshold. Styling work lacked national or international recognition and did not evidence career of acclaimed work.

Software engineer sought EB-1A extraordinary ability classification. He met one criterion but failed to meet the required minimum of three criteria. The AAO found his overall record lacked the sustained national or international acclaim and top-tier status required for extraordinary ability, dismissing the appeal.

Swimmer and multisport athlete sought EB-1A extraordinary ability classification in athletics. AAO dismissed appeal because petitioner met only two of three required evidentiary criteria and failed to demonstrate sustained national or international acclaim; recognition limited to Ukrainian competitions and one long-distance swim approximately ten years before petition.

A big data center consultant sought extraordinary ability classification in business. He met three initial evidentiary criteria and demonstrated sustained national recognition as an expert, including leadership of technology standards groups. The AAO sustained the appeal, finding he is among the small percentage at the very top of his field.

Engineer and drone operator sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor lacked national importance. Evidence showed competence but no impact beyond employer or clients, nor field-wide advancement commensurate with national importance.

A business consultant seeks NIW status to operate a strategy and management advisory service. The AAO rejected the claim because services would benefit only individual client companies without extending to broader industry impact or demonstrating substantial national economic effects.

General and operations manager seeking NIW for home flipping company. Met substantial merit requirement but failed national importance prong. AAO dismissed appeal, finding petitioner showed general industry importance but not specific endeavor impact on regional or national economy at level contemplated by Dhanasar.

Information security analyst in cybersecurity sought NIW claiming advanced degree in digital forensics and cybersecurity. AAO dismissed because petitioner failed to provide master's degree documentation in response to RFE and did not establish advanced degree requirement, making her ineligible for NIW.

Human resources consultant with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal because petitioner failed to establish that her specific proposed endeavor has national importance. Generalized information about hotel industry significance did not substitute for demonstrating the particular endeavor's implications.

IT project manager seeking EB-2 exceptional ability classification and NIW. Failed to meet three of six regulatory criteria for exceptional ability including membership and recognition. AAO concluded expertise does not stand out in field and dismissed appeal without reaching NIW Dhanasar analysis.

A digital influencer marketing entrepreneur was found to meet exceptional ability criteria but failed the national interest waiver test. The AAO determined his specific business endeavor lacked national importance under Dhanasar's first prong, finding it would benefit only his clients, not broadly impact the industry or economy.

Production supervisor in automotive industry sought EB-2 advanced degree or exceptional ability classification with NIW. AAO affirmed denial: petitioner satisfied diploma criterion but failed to meet three of six exceptional ability criteria and lacked evidence of expertise above ordinarily encountered levels, thus ineligible for EB-2 and NIW.

Economist and finance professional seeking EB-2 classification with national interest waiver for consultancy business providing quantum finance modeling to small and medium enterprises. Claimed expertise and economic benefits. AAO dismissed, finding petitioner's accomplishments and industry knowledge do not establish national importance of a solo consultancy venture lacking documented plan or evidence of prospective impact required by Dhanasar first prong.

Lawyer with advanced degree sought NIW for employment-based second preference to provide legal services to U.S. businesses. AAO affirmed denial, finding petitioner demonstrated EB-2 eligibility and substantial merit but failed to show national importance required under Dhanasar.