Published AAO appeal decisions

Biomedical scientist sought EB-2 with national interest waiver for genetic research on medical conditions. AAO found petitioner failed to establish advanced degree eligibility due to translation deficiencies and did not demonstrate national importance of proposed endeavor, lacking specific prospective impact evidence.

An entrepreneur and training specialist sought an NIW after obtaining an advanced degree. The appeal was dismissed as moot because the petitioner obtained permanent resident status through an approved petition before the AAO decision.

Software engineer proposed AI and machine learning voice biometrics authentication system as self-petitioner for national interest waiver. AAO dismissed appeal because the specific endeavor lacked sufficient national importance, finding alignment with government initiatives and field importance alone insufficient without concrete economic impact projections.

An aircraft mechanic and technician sought EB-2 classification based on exceptional ability together with a national interest waiver. The appeal was dismissed because, although three initial criteria were met, he did not show expertise significantly above that of others in the field; the waiver was not reached.

A postdoctoral researcher in plant genetics sought EB-2 NIW classification through self-petition. The applicant demonstrated all three Dhanasar prongs: the research on plant resistance has national importance, the researcher has proven expertise and track record, and the U.S. benefits from the advanced STEM work. The appeal was sustained.

An avant-garde pop artist sought NIW for EB-2. The AAO found she met exceptional ability criteria but dismissed because her proposed endeavor lacks national importance. Expert letters discussing art's general value did not demonstrate how her specific work would benefit the U.S. economy or employment.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.

Industrial engineer and entrepreneur proposed engineering consulting business in Florida focused on sustainability and efficiency. Petitioner failed to demonstrate national importance despite sustainability framework; modest employment projections and vague project specifics lacked evidence of broader impact.

A telecommunications engineer seeking EB-2 classification with national interest waiver claimed his endeavor would involve the BEAD broadband program. The AAO dismissed the appeal, holding the proposed endeavor lacked sufficient specificity and detail about what activities he actually intended to undertake, making it impossible to assess national importance.

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.

Finance executive with advanced degree sought national interest waiver as EB-2. Petitioner claimed substantial merit and national importance for proposed finance role. AAO dismissed motion, finding petitioner reargued prior issues without new evidence or legal error and did not meet first prong.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

Accountant and financial audit expert with advanced degree sought national interest waiver but failed first Dhanasar prong; submitted articles on accounting field and support letters praising past work, but none established national importance of her specific proposed financial analysis and reporting endeavor.

Music instructor and musician claims national interest waiver for EB-2 immigration. Proposed endeavor to improve representation of diverse identities in orchestral music through teaching and research was found to have substantial merit but lack the national importance required under Dhanasar because impact was limited to local students and lacked broader field implications.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

A pharmacist and consultant sought a waiver to create a counseling platform addressing prescription medication misuse. She possessed an advanced degree qualifying for EB-2. The AAO dismissed the appeal because her proposed endeavor lacks national importance, with benefits limited to individual platform users rather than demonstrating substantial positive economic effects or industry-wide impact.

IT specialist specializing in national security sought EB-2 with national interest waiver for an endeavor to improve digital security and IT management practices across U.S. sectors. The AAO dismissed, finding the petitioner's expertise and past accomplishments do not establish the proposed endeavor's national importance; the work would not sufficiently impact the field beyond prospective customers.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

Financial analyst sought EB-2 NIW classification. AAO dismissed fourth motion to reopen and reconsider, finding petitioner failed to establish exceptional ability qualification underlying the NIW petition and did not demonstrate prior decision was legally erroneous.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.