Published AAO appeal decisions

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A petitioner claiming exceptional ability for an EB-2 national interest waiver filed successive motions to reopen and reconsider after initial denials. The AAO dismissed the second motion, finding the petitioner had been given notice of required evidence and a reasonable opportunity to submit it, and that no new facts or legal errors warranted reconsideration.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

An accountant sought EB-2 NIW. A second motion to reopen and reconsider was dismissed. New evidence established she met the EB-2 advanced degree requirement, overcoming one ground, but she failed to present new facts establishing NIW eligibility under Dhanasar.

A thermal energy researcher with an advanced degree in physics seeks an NIW for research on high thermal conductivity semiconductors. The petitioner demonstrated substantial merit through peer-reviewed publications with high citations, government research funding, and expert support. The AAO found all three Dhanasar prongs satisfied and sustained the appeal.

A self-petitioning professional with an advanced degree sought a national interest waiver. After earlier denial and several dismissed appeals and motions, a fourth combined motion to reopen and reconsider claimed ineffective assistance of prior counsel. The AAO dismissed it because no prejudice or substantial compliance with the required procedure was shown, and the arguments were repeated.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

Childcare education professional seeking EB-2 exceptional ability with national interest waiver. Met all six initial evidence criteria but failed final merits determination showing expertise significantly above ordinary in field. Appeal dismissed without reaching NIW prongs.

Financial analyst, accountant and auditor with advanced degree sought EB-2 national interest waiver. The AAO dismissed the appeal because her proposed financial services endeavor lacked demonstrated national importance under Dhanasar framework, showing no substantial economic impact or national implications.

A petitioner in cybersecurity and IT governance filed a motion to reopen a dismissed NIW petition. The AAO dismissed the motion, finding the new executive orders and strategic documents did not establish new facts warranting reconsideration, as they did not address errors in prior dismissals or demonstrate changed circumstances.

A barber and entrepreneur sought EB-2 NIW to establish a barbershop and school. The AAO dismissed a third motion to reopen and reconsider, finding the petitioner failed to demonstrate national importance of the endeavor and did not meet criteria for exceptional ability; new industry articles about barber shops did not specifically address this applicant's particular proposed endeavor.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Aviation consultant seeks EB-2 with national interest waiver. Claimed proposed company would provide economic revitalization, employment, and advance aviation safety. AAO held endeavor lacks national importance: limited employment potential, no evidence of industry-wide impact, and unsubstantiated claims about safety and sustainability.

Engineer seeking NIW for electrical engineering consulting startup. Petitioner claimed endeavor had national importance for energy systems and sustainability. AAO dismissed motion, finding articles showed field importance but not specific endeavor impact or prospective national significance.

A graduate research and teaching assistant in computer science sought an EB-2 national interest waiver for AI research in medical diagnostics. The AAO dismissed the appeal, finding he did not satisfy the second Dhanasar prong because he lacked adequate graduate credentials, strong publication records, secured research positions, or demonstrated funding.

Medical researcher with advanced degree sought national interest waiver for EB-2. AAO held proposed research has substantial merit and national importance but petitioner not well positioned to advance it, lacking documented plan, prior success in similar efforts, or evidence of led funded research projects.

An industrial production management consultant self-petitioning for EB-2 NIW sought to establish a consulting business providing operational efficiency services. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance beyond local business impacts and employment projections, failing the first Dhanasar prong.

Registered nurse with advanced degree sought national interest waiver for preventive healthcare program in rural and underserved communities but failed first Dhanasar prong; while addressing important public health need, proposed endeavor lacked demonstrated national importance or broader field implications required by precedent.

A petitioner sought NIW EB-2 classification but the service center denied it without adequately analyzing the evidence. The AAO remanded, finding the service center did not properly discuss the petitioner's detailed endeavor description, did not evaluate factors in totality for the second prong, and did not adequately weigh considerations for the third prong.

CEO of automobile detailing and product retail company claims NIW for business expansion to New Jersey and California. AAO held endeavor lacks national importance; vague expansion plans without specific locations prevent establishing significant employment or economic effects.

Structural engineer self-petitioner sought NIW for EB-2 based on sustainable construction and project management services. AAO affirmed Service Center denial, finding the specific endeavor lacked national importance despite working in an important field; modest scope and unsubstantiated economic projections insufficient.

A researcher with a doctoral degree sought a national interest waiver for an EB-2 petition proposing work on substance use disorder treatment. The AAO affirmed dismissal because the petitioner failed to demonstrate national importance of her proposed endeavor despite working in an important field, lacking specific independent evidence comparable to expert letters required.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.

HR manager and entrepreneur sought EB-2 NIW to establish consulting firm. AAO found she lacked advanced degree equivalency and that her proposed endeavor, though having substantial merit, failed to demonstrate national importance because it would not impact the HR field broadly or generate substantial economic effects beyond her future clients.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.