Published AAO appeal decisions

Bilingual educator with master's degree in education innovation sought EB-2 with NIW to continue K-12 work and develop STEAM curricula. AAO held she qualified for EB-2 but failed first Dhanasar prong: proposed endeavor lacked national importance despite substantial merit, lacking prospective impact beyond direct students.

A physical therapist with advanced degree sought EB-2 NIW to establish a home health care company in Florida. The AAO dismissed because the proposed endeavor lacked national importance despite industry labor shortage; mere field shortages cannot establish national significance.

A consultant seeking EB-2 classification and national interest waiver for a small business development endeavor in economically disadvantaged cities. The AAO dismissed the appeal, holding the proposed endeavor lacks the national importance required under Dhanasar's first prong, as the petitioner did not demonstrate substantial positive economic effects or significant job creation potential.

Self-petitioner actuary and insurance underwriter seeking EB-2 NIW for contingency insurance and underwriting firm targeting sports, leisure, and entertainment industries. AAO found no national importance; petitioner's experience and industry reputation do not establish that endeavor rises to level of national importance required under Dhanasar.

Pilot and aviation instructor seeks NIW citing pilot shortage in airline industry. AAO held endeavor has substantial merit but lacks national importance; training effects on individual students insufficient to impact field broadly. First prong failure dispositive.

Systems analyst from Brazil claimed national interest waiver for EB-2 IT solutions business. AAO held he did not establish advanced degree equivalency or five years progressive experience in specialty, thus failing underlying EB-2 requirement; NIW analysis not reached.

Accountant and professor sought NIW as EB-2 advanced degree professional to operate management consulting business. AAO dismissed because generalized assertions about profitability and job creation lack corroborating evidence showing endeavor extends beyond client base to benefit field; insufficient economic impact demonstrated.

Personal financial advisor and entrepreneur sought EB-2 national interest waiver. AAO found petitioner failed to qualify as advanced degree professional and that proposed financial advisory business lacked demonstrated national importance because it would not generate substantial economic effects or impact the finance industry broadly.

An HVAC business owner sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show an advanced degree and met only one of six exceptional ability criteria, so the waiver question was reserved.

Physical therapist and entrepreneur sought EB-2 with national interest waiver to establish her own practice providing wellness services. AAO affirmed denial, finding her proposed endeavor lacked the national importance required under Dhanasar's first prong, as it had only local economic implications without broader field impact.

A Brazilian attorney and law firm managing partner in transnational corporate law sought EB-1A extraordinary ability classification. The AAO dismissed because, although the petitioner met three evidentiary criteria, the totality of evidence did not demonstrate sustained national or international acclaim or that he was among the small percentage at the very top of his field.

A Russian entrepreneur sought EB-2 with NIW for a mental health business focused on body-positive movement. The AAO dismissed because while the endeavor had substantial merit, petitioner failed to demonstrate national importance; ripple effects within a narrow community insufficient.

CEO event planner sought EB-2 exceptional ability classification and national interest waiver. AAO held she failed to qualify for underlying EB-2 as advanced degree professional or individual of exceptional ability because membership in professional associations did not demonstrate exceptional ability and she did not meet three of six regulatory criteria.

Marketing business CEO sought NIW for digital marketing services company targeting small business owners. AAO dismissed appeal, holding that proposed endeavor lacks national importance; petitioner provided inadequate evidence of broader field impact, job creation projections, or substantial positive economic effects commensurate with national importance.

Agribusiness consultant with advanced degree in zootechnics proposed starting a consulting company for sustainable farming and animal breeding. AAO held the proposed endeavor lacks national importance because services are individualized to specific clients without broader field implications.

A musician and trumpet player sought EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria; AAO found two met (awards, exhibitions) and three not met (published material, membership, leading role). AAO concluded petitioner failed to demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

Civil engineer entrepreneur seeking NIW for engineering consulting and project management company. Claimed national importance based on construction industry significance and infrastructure projects. AAO affirmed denial, finding that one business's revenue and job creation insufficient for national impact; industry importance does not establish individual venture's national importance.

A singer self-petitioned for EB-1A extraordinary ability, claiming five criteria. The AAO dismissed, finding he met none: awards lacked national recognition, membership not established, published material insufficient and post-dated filing, and judging and contributions claims waived. Overall evidence insufficient for sustained national acclaim.

Oil and gas project manager with advanced degree seeks NIW. Director found substantial merit but not national importance. AAO affirmed that proposed endeavor lacks necessary prospective impact, broader field implications, or significant U.S. job creation or economic effects at national level.

Accountant and entrepreneur seeks EB-2 NIW for business consulting firm. Petitioner claimed substantial merit and national importance under Dhanasar. AAO dismissed because the proposed endeavor lacked national importance; general business improvement and economic assertions were insufficient without specific evidence of prospective national-level impact.

Electrical engineer with 11 years IT and electrical engineering experience sought EB-2 national interest waiver for venture addressing cybersecurity, IoT, and sustainable energy. AAO dismissed: proposed endeavor lacked evidence of national importance and substantial impact on relevant industries despite general industry significance.

An accountant sought a national interest waiver to operate an accounting and cryptocurrency compliance consulting business. The AAO upheld dismissal, finding substantial merit but no national importance because projected revenues and employment of a small team did not demonstrate substantial economic effects or field-wide impact.

An actor sought EB-1A extraordinary ability classification. She met four evidentiary criteria but the AAO agreed with the director that the record does not establish sustained national or international acclaim or that she ranks among the top small percentage of actors in her field. Appeal dismissed.

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.