Published AAO appeal decisions

A nurse with 20 years of nephrology and hemodialysis experience sought an EB-2 national interest waiver for continued clinical work. The AAO dismissed, finding her endeavor has substantial merit but lacks national importance; improving care for individual dialysis patients does not rise to required level of field or industry impact.

International taxation lawyer sought EB-2 with national interest waiver to establish law firm. Claimed HUBZone eligibility and employment potential. AAO dismissed appeal, finding proposed endeavor lacked national importance; vague location plans, modest employment and revenue projections insufficient for national benefit.

A consultant with advanced degree seeking EB-2 with NIW demonstrated EB-2 eligibility but failed NIW requirements. The AAO upheld dismissal: the consulting endeavor lacked national importance, and the petitioner's expertise, though qualified, did not exceed ordinary field level.

Physical therapist seeking EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit but failed to show national importance of specific endeavor. Proposed work would benefit specific patients and employers but lack documented prospective impact on profession or economy broadly.

Construction manager sought NIW for telecommunications infrastructure company. AAO dismissed because proposed endeavor's national importance was not established; applicant's work as one of 1,000+ employees at large firm and industry-wide statistics could not substitute for demonstrating the specific proposed company's prospective impact.

A nurse sought EB-2 NIW classification. The AAO found the proposed nursing work has substantial merit but lacks national importance because it would only affect specific patients and workplaces, not the nursing field broadly. The appeal was dismissed without analyzing the second and third prongs.

General and operations manager and entrepreneur sought EB-2 advanced degree with NIW for marketing services business in Florida. AAO affirmed denial, finding endeavor lacked national importance; job creation and revenue projections do not establish substantial positive economic effects for the nation.

Brazilian entrepreneur with advanced degree sought EB-2 NIW to establish cleaning business. AAO found petitioner qualified as advanced degree professional with substantial merit business plan. However, cleaning business lacked national importance despite COVID-19 pandemic prevention argument. Appeal dismissed.

Business consultant with advanced degree sought EB-2 NIW for managing consultancy. AAO affirmed denial, finding proposed endeavor lacked national importance under Dhanasar; petitioner materially altered claims after request for evidence and showed no field-wide impact.

A medical doctor practicing medical malpractice litigation sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only one of ten criteria and lacked sustained national or international acclaim required to demonstrate extraordinary ability.

Taekwondo instructor and exercise physiologist sought EB-2 classification and national interest waiver. AAO found petitioner did not demonstrate national importance of specific proposed endeavor; evidence showed no substantial positive economic effects or significant potential to employ U.S. workers. Appeal dismissed.

Environmental compliance inspector with advanced degree sought NIW for environmental consulting company. AAO held proposed endeavor lacks national importance, existing only for potential client impact. Appeal dismissed.

Business administrator with advanced degree sought NIW. AAO held petitioner failed to identify specific proposed endeavor consistently, providing conflicting information on appeal. Cannot establish merit or national importance. Appeal dismissed.

Manufacturing technician seeking EB-2 exceptional ability with NIW. AAO affirmed director's finding petitioner failed to establish advanced degree or meet three of six exceptional ability criteria; lacked sufficient experience documentation. NIW analysis not reached. Appeal dismissed.

An insurance sales manager sought NIW for EB-2 to operate an insurance consulting company. The AAO affirmed dismissal because the specific endeavor lacked national importance despite industry significance; projected employment and profits insufficient to demonstrate substantial economic effects at national level.

A general and operations manager self-petitioned for EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the evidence of ten years of full-time experience in that occupation did not match the claimed duties, and no other criteria beyond the academic record were met. The waiver analysis was reserved.

An architect sought a national interest waiver for EB-2 classification. The AAO found she failed the first Dhanasar prong because her proposed endeavor combining healthcare facility design and hurricane-resistant solutions lacked clarity and sufficient national importance beyond serving individual clients.

Lawyer seeks EB-2 NIW to create and operate consulting company focusing on Uzbekistan and Central Asia trade and investment. AAO held proposed endeavor has substantial merit but lacks national importance; recommendation letters contain vague assertions without specific evidence of U.S. economic impact or job creation.

Real estate developer sought NIW under EB-2. Petitioner claimed his development endeavor has national importance and substantial merit. AAO held the proposed endeavor lacks national importance because petitioner failed to demonstrate its projected employment or economic benefits distinguish it from ordinary industry work or have substantial prospective national impact.

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. Appeal dismissed.

A truck driver and business owner in road transport and logistics sought EB-2 classification and national interest waiver. The AAO held his proposed occupation does not qualify as a profession requiring an advanced degree under EB-2 standards, rendering him ineligible for the waiver.

A speech-language pathologist with a master's degree sought EB-2 NIW, proposing research in speech pathology. The AAO found the endeavor had substantial merit and national importance but rejected the petition because the petitioner failed to establish she was well-positioned to advance it; her publications lacked citations, letters came largely from associates, and evidence did not demonstrate sufficient research success or industry interest.

Entrepreneur sought EB-2 exceptional ability with NIW. AAO dismissed appeal finding petitioner met only two of required three criteria: academic record and membership. Petitioner failed to demonstrate license criterion applied and recognition for achievements; Dhanasar analysis not reached.

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

Marketing manager seeking EB-2 NIW for business focused on navigating Brazilian regulatory and financial matters claimed national importance through industry expertise and job creation. AAO held specific endeavor lacks national importance because applicant provided no documentation of prospective impact on field, business plan projections insufficient to demonstrate national economic significance.