Published AAO appeal decisions

Tax consultant sought EB-2 national interest waiver. AAO affirmed Director's conclusion that proposed tax consulting business, though meritorious, lacks national importance because it would not extend beyond immediate clients to impact the tax consulting field or generate substantial nationwide economic effects.

A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.

A senior director of product management met three of ten EB-1A criteria (judging, scholarly articles, leading role). However, the AAO upheld dismissal on final merits, holding the record demonstrates some field recognition but fails to show sustained national or international acclaim required for extraordinary ability at the very top.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.

Industrial engineer sought EB-2 with NIW. AAO held petitioner is qualified advanced degree professional but failed Dhanasar first prong; providing engineering services to private companies lacks national importance and broader implications despite importance of manufacturing field.

Entrepreneur proposed manufacturing sustainable, reusable packaging solutions for small and medium enterprises. AAO found endeavor has substantial merit but dismissed appeal because petitioner failed to establish national importance; evidence documented field value, not specific prospective impact of her company beyond individual clients on national economy or environmental goals.

A nutritionist sought an EB-2 national interest waiver to practice without a job offer, claiming their work would reduce diet-related disease and improve public health. The AAO dismissed the appeal, finding the proposed endeavor lacked the national importance required under Dhanasar's first prong, as general industry importance and broad assertions without specific evidence of prospective impact do not suffice.

A senior billing analyst sought EB-2 NIW to start a financial consulting business serving small businesses recovering from COVID-19. The AAO dismissed the appeal because the proposed endeavor, though having substantial merit, failed to demonstrate national importance: industry importance does not satisfy Dhanasar, and no evidence showed national or regional economic impact.

Quality control engineer in automotive industry sought EB-1A extraordinary ability classification. Petitioner met three regulatory criteria (judging, scholarly articles, critical role) at initial step but failed final merits determination. AAO held insufficient evidence of sustained acclaim or place among small percentage at field top.

A financial manager with advanced degree sought EB-2 NIW classification. Director and AAO agreed substantial merit was established but national importance was not. Petitioner claimed her Brazil-focused financial business would create economic bridges, but lacked independent corroborating evidence; field importance alone was insufficient.

A computer and information systems manager sought NIW for EB-2 classification. The AAO agreed he failed to establish that his specific proposed endeavor has national importance, despite working in an important IT field. The AAO also found he did not qualify as an advanced degree professional. Appeal dismissed.

Public bid procurement specialist sought EB-2 with national interest waiver to work in US helping government win bids in Brazil. AAO dismissed appeal, finding proposed endeavor lacked national importance and failed first prong of Dhanasar; lacked evidence of broader field impact or substantial economic effects.

Business intelligence professional seeking EB-2 with NIW for establishing a company. Petitioner claimed endeavor addresses industry worker shortage with substantial economic impact. AAO held national importance not established; isolated business activities lack broader field implications or substantial economic effects required by Dhanasar.

Fashion and lifestyle blogger seeking EB-1A extraordinary ability classification. Claimed eight criteria beyond leading role already conceded. AAO affirmed director's findings that awards lacked field recognition, memberships did not qualify, published material source was not major media, and judging post-dated filing. Appeal dismissed for failing three-criterion threshold.

Gymnastics trampoline and tumbling coach sought EB-1A extraordinary ability classification. Claimed three criteria: membership in associations, leading or critical role, and comparable evidence of awards. AAO found one criterion met but insufficient to reach three-criterion threshold, thus dismissed the appeal without addressing final merits.

Civil engineer and project manager seeks NIW for EB-2 classification to offer project management consulting for construction and infrastructure projects. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance; record does not establish substantial economic effects or job creation at required scale despite general industry importance.

Commercial administrator with logistics focus seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal, adopting director's finding that proposed logistics and supply chain management endeavor, while having substantial merit, lacks national importance; benefits limited to future clients rather than broader industry impact.

A software developer sought EB-2 national interest waiver, conceding advanced degree qualification. Claiming his Wyoming internet marketing company would reduce developer shortages and produce substantial economic effects, he failed to demonstrate national importance under Dhanasar. The AAO dismissed because the endeavor lacked broader industry implications and significant job creation potential.

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

Finance specialist sought EB-2 with NIW for a financial services business. The AAO held the petitioner failed to demonstrate national importance because benefits appeared limited to his employer; modest job projections and non-binding letters of intent were insufficient for national-level impact.

Business consultant sought EB-2 with NIW for a business providing financial services and courses to small enterprises and Hispanic communities. The AAO upheld dismissal, finding no error in Director's analysis and concluding petitioner failed to show national importance of the specific endeavor.

Legal and business advisor sought NIW as EB-2 to provide technical and mechanical support to disaster-affected communities and businesses. Petitioner claimed national importance based on reconstruction efforts and economic growth. AAO rejected national importance because claimed impact lacks substantiation and does not demonstrate broader industry or substantial economy-wide effects.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

A business consultant seeking NIW claimed her financial and business management consulting endeavor would have national importance through job creation and economic benefits. AAO affirmed denial because the specific endeavor lacked sufficient prospective impact on the field or economy to constitute national importance under Dhanasar.

Supply chain entrepreneur sought NIW to operate logistics platform for construction and manufacturing. AAO dismissed appeal, finding the proposed endeavor lacks national importance; petitioner provided insufficient evidence of broad field impact, did not demonstrate superiority over existing solutions, and lacked corroborating expert letters or government documentation of strategic relevance.