Published AAO appeal decisions

Travel agency owner seeking NIW to market tourism packages attracting Brazilian travelers to U.S. locations. Supported claims with industry reports on travel and tourism significance. AAO dismissed, finding that importance of travel industry and intended customer marketing do not establish national importance of petitioner's specific proposed endeavor.

An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.

Radio frequency engineer seeks NIW to establish wireless network design consulting firm. AAO held endeavor has substantial merit but lacks national importance; petitioner's expertise addresses prong two, not the specific endeavor's prospective impact. First prong failure dispositive.

Software developer claimed his endeavor modernizing financial institutions through software solutions meets national importance for NIW. AAO found substantial merit but rejected national importance because impact limited to prospective employer or clients, not field broadly. Appeal dismissed.

An entrepreneur with kinesiology background sought EB-2 NIW classification to provide rural healthcare services. The AAO affirmed the director's finding that the endeavor lacks national importance under the first Dhanasar prong. Second and third prongs were not reached. Appeal dismissed.

Computer systems analyst sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six criteria required. Appeal dismissed because petitioner failed to establish exceptional ability threshold, making NIW analysis unnecessary.

Self-employed entrepreneur proposing an aesthetician clinic claimed substantial merit and national importance for a national interest waiver. AAO held the proposed endeavor lacks national importance because it would not impact the medical aesthetics field or societal welfare beyond serving individual clinic clients.

Music producer and director in Christian music specializing in organizing and producing concerts. Claimed three evidentiary criteria. AAO held petitioner meets none: award lacks national recognition, original contributions lack major significance in music production field broadly, and video views do not constitute recognized commercial success evidence. Overall record lacks sustained acclaim.

A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.

A Taekwon-Do athlete from Kyrgyzstan seeks EB-1A extraordinary ability classification. The AAO dismissed because the petitioner did not establish a major award or meet three evidentiary criteria; the judging and published material criteria were not satisfied, and the overall record lacks evidence of sustained national or international acclaim.

An entrepreneur with advanced degree in logistics sought national interest waiver for EB-2. AAO dismissed, finding petitioner confused industry importance with endeavor importance, failed to establish specific business would substantially benefit field or economy, and lacked credible job creation projections.

An entrepreneur with a claimed master's degree from Brazil sought EB-2 NIW classification. The AAO found the petitioner did not establish an equivalent U.S. advanced degree or five years of progressive experience, and waived exceptional ability arguments. The Dhanasar NIW criteria were not addressed.

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.

A general operations manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance under Dhanasar; benefits are limited to individual clients without broader implications to the field or economy.

A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

An entrepreneur seeking EB-2 classification with NIW for a drop-shipping cotton towel and clothing business claimed the endeavor has national importance based on articles about immigrant entrepreneurship and economic growth. The AAO dismissed the appeal, finding the petitioner failed to establish that the specific proposed endeavor would have substantial prospective impact or extend beyond serving individual company clients to affect the field nationally.

A dental surgeon sought EB-2 classification with national interest waiver for a dental health and wellness business. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of substantial merit and national importance under Dhanasar; articles about the industry did not demonstrate the specific business would impact the field broadly.

A pilot seeking EB-2 NIW to work in aviation claimed his endeavor has substantial merit and national importance. AAO held that while the aviation industry is important, the pilot's specific proposed work lacks demonstrated national importance and broader field impact.

A wellness consultant sought EB-2 NIW without submitting translated degree transcripts and claiming her consultancy firm would advance national wellness. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would only benefit clients and trainees locally, not impact the field broadly.

Business strategist seeks EB-2 NIW. AAO sustained appeal dismissing petition because proposed endeavor lacks national importance despite claimed global implications. Decision notes specific endeavor impact determines national importance, not field importance.

A management specialist seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor. Although the petitioner is well-positioned to advance it, the evidence does not show broader impacts on the field or substantial positive economic effects at national level.

Self-employed entrepreneur in janitorial services sought EB-2 exceptional ability classification and national interest waiver. AAO held petitioner failed to establish exceptional ability, lacking three of six required criteria including relevant advanced degree, ten years documented experience, and professional association membership.

Entrepreneur in industrial furniture manufacturing seeking EB-2 exceptional ability and NIW. Claimed four exceptional ability criteria. AAO found petitioner met ten-year experience criterion but failed high salary and professional membership criteria; client satisfaction letters did not demonstrate industry recognition. Appeal dismissed; NIW prongs not addressed.

An entrepreneur and swim instructor sought EB-2 national interest waiver claiming exceptional ability. The AAO found the petitioner met only one of six required exceptional ability criteria. Without establishing EB-2 eligibility, the AAO dismissed the appeal and reserved the Dhanasar prongs without discussion.