Published AAO appeal decisions

An aircraft maintenance technician seeks EB-2 classification with a national interest waiver based on exceptional ability. The AAO affirmed dismissal, finding the petitioner failed to demonstrate exceptional ability because his qualifications are typical for an experienced maintenance technician and he lacks recognition for achievements by the broader industry.

Self-petitioner, accountant and entrepreneur, proposed tax planning and customs trade consultancy business and sought national interest waiver. AAO found the endeavor lacked national importance and that petitioner failed to establish EB-2 eligibility due to insufficient post-baccalaureate experience. Appeal dismissed.

An attorney sought EB-2 national interest waiver for international arbitration legal advisory work. The AAO found the proposed endeavor materially changed in response to RFE, lacked detailed initial description, and failed to demonstrate national importance beyond assisting individual clients despite evidence of ADR field merit. Appeal dismissed.

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural field.

A computer systems analyst sought EB-2 exceptional ability classification and national interest waiver to provide SAP implementation services through a consultancy. The AAO dismissed the appeal because the petitioner met only two of three required evidentiary criteria for exceptional ability, and Dhanasar issues were not reached.

Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.

A public policy consultant proposed independent consulting on international development and U.S. firm partnerships in developing countries. The AAO held her endeavor lacks national importance; while work has substantial merit, it does not extend beyond her consulting clientele to impact the field or U.S. economy at a national level.

A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.

Pilot with advanced degree seeking EB-2 NIW classification changed proposed endeavor significantly in response to RFE rather than establishing national importance of initial petition. AAO found material change impermissible and that original pilot/airline captain endeavor lacked sufficient detail and documentation to demonstrate substantial merit and national importance.

Construction entrepreneur and manager sought NIW under EB-2 advanced degree or exceptional ability. Failed to meet three of six evidentiary criteria for exceptional ability; ineligible for underlying EB-2 classification; NIW eligibility not reached.

Exercise physiologist sought EB-2 with national interest waiver for wellness company. Claimed professional importance and patient testimonials. AAO dismissed appeal, finding petitioner failed to demonstrate endeavor's national importance; publications addressed profession generally not specific endeavor; patient letters and credentials showed limited impact.

Entrepreneur seeking EB-2 as individual of exceptional ability with NIW for marketing consulting and e-commerce business. AAO held only two of six exceptional ability criteria met; petitioner failed to demonstrate at least three required criteria. Underlying EB-2 eligibility not established; appeal dismissed.

Mental health counselor with advanced degree sought NIW for independent practice. Petitioner argued field importance and her expertise; AAO affirmed denial because proposed solo practice lacked national importance, operating only at individual patient level without business plan, projections, or broader regional or national impact.

Civil engineer and entrepreneur sought NIW for affordable residential and commercial real estate development. Possessed advanced degree and proposed endeavor had substantial merit but lacked national importance; record insufficient to demonstrate impact beyond local Florida community.

Information technology entrepreneur seeks NIW for EB-2. Petitioner proposed data analytics consulting helping small businesses use cutting-edge tools. AAO dismissed appeal, finding working in important field insufficient to establish national importance; no corroborating evidence of client scope, growth claims, or impact extending beyond himself and clients to broader field or economically depressed areas.

A marketing manager and entrepreneur sought EB-2 NIW to establish a digital marketing consulting agency in Florida. The AAO dismissed the appeal, finding the business had substantial merit but lacked national importance as required by the first Dhanasar prong; the endeavor would only benefit the petitioner's clients, not the broader field.

Physical therapist and entrepreneur seeking EB-2 NIW to develop and operate physical therapy clinic in Florida with expansion plans. Petitioner submitted business plan claiming national importance through job creation and economic impact. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor and was not well positioned to advance it.

Medical products sales and distribution specialist seeks NIW for EB-2. Petitioner proposed marketing consulting business with employee creation and training activities. AAO dismissed appeal, finding job creation and revenue insufficient to establish substantial positive economic effects at national level and training activities lack broader field implications beyond company participants.

Financial consultant seeking EB-2 national interest waiver. AAO found petitioner failed to establish national importance of specific endeavor. Evidence regarding finance industry importance did not demonstrate how petitioner's specific work benefits nation broadly, only employer and clients.

Business and financial consultant with advanced degree sought NIW to provide consulting and trade partnership services in South Florida. AAO held petitioner failed to establish national importance because his specific endeavor lacks broader implications and revenue projections do not demonstrate substantial positive economic effects.

Lawyer-entrepreneur sought EB-2 with national interest waiver. AAO found substantial merit in proposed legal services business but dismissed appeal because national importance not demonstrated. Revenue and job projections lacked credible support and regional impact insufficient for national significance.

Pharmacist seeks EB-2 NIW to work in clinics treating elderly patients with comorbidities. AAO held endeavor lacks national importance; treating specific populations in particular settings does not constitute national-level impact regardless of occupational shortage or industry importance.

Machine learning software executive seeks EB-1A extraordinary ability classification. AAO upheld denial because petitioner failed to establish three initial evidentiary criteria. Evidence of awards, original contributions, and scholarly impact insufficient due to lack of documentation and independent recognition.

Nurse seeking EB-2 with NIW claimed her elderly care work would benefit the United States. AAO affirmed denial, finding her proposed endeavor lacked national importance under Dhanasar; specific work in one healthcare setting did not demonstrate field-wide impact.

Information technology consultant with advanced degree sought NIW for software development and tracking technologies consulting company. AAO held petitioner failed to establish national importance because his proposed endeavor lacks broader implications for the field or substantial positive economic effects beyond client services.