Published AAO appeal decisions

Biomedical scientist with Ph.D. sought NIW for postdoctoral research on nanomembranes for cancer treatment. AAO found substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance the endeavor through lack of sustained funding, clear research plan, or stakeholder interest.

A systems engineer sought EB-2 national interest waiver for a proposed business providing supply chain management consulting to industrial and commercial companies. The AAO dismissed the appeal, finding the petitioner established exceptional ability but failed to demonstrate national importance of the specific business endeavor despite showing industry importance.

A prospective management consultant seeks EB-2 national interest waiver to establish a small consultancy for businesses. The AAO affirmed denial because the proposed venture, though economically sound locally, lacks national importance; it does not demonstrate impact beyond the immediate community or region required for a waiver.

Software developer with advanced degree sought national interest waiver. AAO dismissed appeal, finding proposed software development lacked national importance; generalized publications about cybersecurity importance, vague hiring projections, and absence of documented specific endeavor impact insufficient.

Logistics management consultant sought EB-2 exceptional ability and NIW. AAO affirmed that petitioner failed to satisfy required exceptional ability criteria: academic record not related to field, insufficient salary evidence, only 8 years 8 months experience not 10 years required, and no professional license. Ineligible for underlying classification; NIW prongs not reached.

A solar energy entrepreneur with business degree and twelve years in renewable energy seeks NIW of job requirement. Service center denied underlying EB-2 classification without adequate explanation or RFE. AAO remanded for proper evaluation of whether advanced degree professional status and NIW eligibility were satisfied, finding denial insufficiently reasoned.

Tax auditor seeking NIW for EB-2 exceptional ability classification claimed multiple criteria. AAO dismissed, finding petitioner met only academic record and experience criteria but failed to satisfy exceptional ability threshold; waiver analysis not reached due to underlying ineligibility.

Semiconductor operations project manager with advanced degree sought EB-2 NIW. AAO affirmed denial, finding proposed endeavor to innovate chip testing lacks demonstrated national importance. Professional experience and industry importance insufficient; no evidence of broader sectoral or economic impact.

An airplane pilot sought EB-2 national interest waiver for a proposed aviation training business in Florida. AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance. The business plan lacked specifics on wages, worker numbers, location, and how the endeavor would have broader implications beyond the aviation industry.

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Research scientist with master's degree in electrical and computer engineering proposed to advance privacy-preserving IoT technology. AAO found the endeavor had substantial merit and national importance but concluded petitioner lacks concrete steps toward employment or demonstrated feasibility, failing the second Dhanasar prong.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

Entrepreneur and fitness trainer seeking EB-2 with national interest waiver to lead corporate wellness company optimizing employer fitness programs. AAO dismissed because proposed endeavor lacks national importance; business projections and HUBZone location do not demonstrate broader economic impact or field implications.

IT professional petitioner sought NIW for proposed cybersecurity consulting and training company. AAO affirmed SCOPS denial, finding petitioner failed Dhanasar first prong: national importance lacks evidentiary support. Twelve-employee projection, general industry talent shortage, and letters insufficient to show substantial prospective impact. Second and third prongs reserved.

A robotics educator seeks EB-2 classification to develop a STEM education model teaching applied robotics to vulnerable youth. AAO held the petitioner failed to meet exceptional ability requirements, satisfying only two of ten criteria, and did not reach the national interest waiver analysis.

A management and financial analyst sought an EB-2 national interest waiver for a business venture. The AAO dismissed her second motion to reopen and reconsider because she submitted no new facts or evidence, and her contentions reasserted already-rejected arguments without establishing legal or policy error in prior decisions.

Digital marketing consultant and entrepreneur seeks EB-2 national interest waiver for AI-based SME platform. Applicant claimed substantial merit and national importance; AAO found proposed endeavor had merit but lacked demonstrated national importance because evidence did not show significant employment potential, substantial economic impact, or broader industry implications beyond applicant's business.

A logistics entrepreneur sought EB-2 NIW classification. The AAO found he qualified as advanced degree professional but lacked evidence that his proposed logistics consulting company would generate substantial economic effects reaching national importance. The AAO dismissed his appeal without addressing remaining Dhanasar prongs.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

Business and marketing professional seeking NIW as EB-2. Motions submitted articles on small business economic importance and job-creation multipliers. AAO held first prong failed because industry importance differs from specific endeavor importance; claimed job creation projections lack foundation and do not reach substantial positive economic effects.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

An entrepreneur and business consultant seeking EB-2 with NIW to establish a global business strategy and financial advisory firm claimed alignment with national priorities and job creation potential. The AAO found insufficient evidence that the endeavor would have broader implications or national importance beyond its clients.

An accountant with an advanced degree sought EB-2 NIW for his accounting firm business. The AAO found the proposed endeavor lacked national importance; his business plan projections and claims of alignment with government economic initiatives did not show impact beyond his individual clients at a level constituting national importance.

Operational manager seeking NIW for small business consulting endeavor focused on sustainable economic growth. Claimed national importance through alignment with government priorities and job creation projections. AAO dismissed because specific endeavor lacks demonstrated national importance; general alignment with national objectives and unsupported employment projections insufficient.

An entrepreneur sought EB-2 NIW to establish a sustainable tourism consulting firm for small and medium-sized tourism businesses. The AAO dismissed, finding the proposed endeavor has substantial merit but rejecting claims of national importance, noting the petitioner confused industry importance with endeavor-specific impact.