Published AAO appeal decisions

A nurse with advanced degree self-petitioned for EB-2 NIW, asserting health and welfare benefits to the nation. The AAO dismissed, holding that while national interest waivers need not require economic benefits, providing routine services identical to other nurses, without medical advances or field-wide implications, does not meet the first Dhanasar prong.

Brand manager with advanced degree sought EB-2 national interest waiver. AAO agreed petitioner qualified for EB-2 but dismissed appeal because digital marketing services lacked national importance; services beneficial only to clients, not rising to broad prospective impact.

Pharmaceutical and healthcare consultant sought EB-2 with national interest waiver to provide professional advice through independent consultancy. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient evidence of broader field implications or substantial positive economic effects beyond individual clients.

A speech therapist with 23 years of experience seeking EB-2 with national interest waiver to provide specialized services to Hispanic-Latino populations. AAO vacated denial of advanced degree eligibility but affirmed NIW denial because petitioner failed to show national importance; shortage of healthcare workers and personal patient care were insufficient without evidence of broader field impact or substantial economic effects.

Business manager seeking NIW for EB-2 classification. Petitioner claimed endeavor would boost economic growth through job creation and supply chain support. AAO held proposed work lacks national importance; claimed benefits do not demonstrate prospective impact at requisite national level.

Administrative manager working in food importation and real estate sought NIW as EB-2 advanced degree holder. AAO dismissed appeal because proposed endeavor lacked national importance; staffing projections and HUBZone location insufficient without evidence services would extend beyond company clients to impact field broadly.

An energy industry entrepreneur and consultant with an advanced degree sought EB-2 NIW to establish a renewable energy company in Kentucky. The AAO dismissed the appeal because the petitioner lacked probative expert evidence or government documentation demonstrating national importance or prospective impact commensurate with national initiatives.

Commercial airline pilot sought EB-2 exceptional ability and NIW. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong, as his work would not extend beyond his employers to enhance societal welfare broadly.

Administrative assistant from Brazil seeks EB-2 with NIW to work as business manager in multiple industries. AAO held her proposed endeavor lacks national importance because it benefits only her employers and does not impact her field broadly, failing the first Dhanasar prong.

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

Petitioner proposed cargo transportation and logistics consulting business under EB-2 NIW. AAO affirmed dismissal, finding substantial merit but no national importance; assertions alone insufficient; work would benefit immediate clients and critical infrastructure, not demonstrate broader field implications.

Dental surgeon and prosthodontist seeking NIW. Claimed endeavor has broad healthcare system impact. AAO held proposed clinical work lacks national importance because claims were generalized and unsupported by independent corroborating evidence distinguishing it from field as whole.

Design and marketing executive specializing in aircraft livery seeks EB-1A extraordinary ability classification. Petitioner claimed five criteria beyond major award; AAO found two met by director, rejected membership and published material on examination of association standards and publication circulation. Appeal dismissed for failure to meet initial three-criterion threshold and lack of sustained international acclaim.

Mental health specialist sought EB-2 national interest waiver. Director found first prong met. AAO affirmed denial, finding petitioner lacked sufficient evidence of positioning to advance proposed endeavor: no record of prior success, detailed plan, progress, or stakeholder interest demonstrated.

Teaching assistant and researcher in instructional design and technology sought EB-2 with NIW for research in AR/VR educational applications. The AAO affirmed denial, finding endeavor has substantial merit but lacks national importance and petitioner is not well-positioned to advance it beyond university impact.

Mechanical engineer with advanced degree sought NIW for EB-2 to work on offshore wind farms. AAO dismissed because petitioner failed to establish national importance of the specific proposed endeavor; references to industry importance and personal qualifications were immaterial to the first prong analysis.

A helicopter pilot sought NIW under EB-2 claiming exceptional ability. The AAO found he met three of six criteria but concluded the totality of evidence did not demonstrate exceptional ability. Without EB-2 eligibility, the NIW petition failed. Appeal dismissed.

A data scientist self-petitioner claimed extraordinary ability under EB-1A. AAO dismissed because petitioner did not satisfy three regulatory criteria; scholarly articles criterion was withdrawn, leaving only two criteria met, and record lacks evidence of sustained acclaim at field's top.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

Postdoctoral physics associate claimed extraordinary ability based on judging, original contributions, and scholarly articles. AAO affirmed dismissal: although three initial evidentiary criteria were satisfied, final merits analysis showed petitioner lacked sustained national or international acclaim and demonstrable expertise placing him among top of field.

Self-petitioner, data scientist and entrepreneur, claimed national interest waiver for EB-2 self-employment in data consultancy. AAO held proposed endeavor lacked sufficient evidence of national importance because it would not impact the field broadly or provide substantial economic effects beyond serving individual clients.

A process engineering project manager seeks an NIW for EB-2 classification. He claimed his proposed endeavor optimizing financial processes has national importance. The AAO affirmed the director's finding that the record lacks evidence of national importance; his work describes typical project management duties without prospective impact rising to national level.

A CEO and entrepreneur self-petitioner claiming national interest waiver under EB-2. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it offered only localized client benefits without broader implications, job creation potential, or substantial economic effects required by Dhanasar framework.

A data engineer and analyst sought EB-2 with national interest waiver for an AI-based health platform. The AAO found substantial merit but dismissed because the proposed endeavor lacked sufficient evidence of national importance; business projections alone without demonstrated broader field impact do not meet Dhanasar's first prong.

A legal consultant sought EB-2 national interest waiver for paralegal and legal consulting work. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite petitioner's fifteen years of experience, as no documentation showed prospective impact or economic effects at national level.