Published AAO appeal decisions

A machine learning engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found he qualified with an advanced degree but denied the waiver. Generic publications about artificial intelligence and the 2023 AI Executive Order do not establish national importance of his specific research and development work for his current employer.

Pilot with advanced degree seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding petitioner failed to demonstrate that proposed aviation safety and survival training endeavor has national importance beyond immediate clientele, focusing on specific endeavor rather than industry importance.

Car dealership owner seeking EB-2 exceptional ability with national interest waiver. Claimed endeavor has national importance through environmental benefits and economic effects. AAO affirmed denial because proposed business lacks national importance, significant U.S. employment potential, or broader field implications.

An industrial-organizational consultant and entrepreneur sought EB-2 NIW classification, proposing a manufacturing consulting and workforce training company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and consistency to establish substantial merit and national importance under Dhanasar's first prong.

Self-petitioner maintenance engineer proposes eco-friendly maintenance consulting company claiming economic importance and job creation. AAO dismissed because petitioner failed to establish national importance; proposed company lacks broader field impact; projected 23 jobs and business profits insufficient for substantial national economic effects.

A project manager in mining industry sought NIW for EB-2 advanced degree classification. The AAO found the proposed endeavor lacked substantial national importance under Dhanasar, noting projected revenue and job creation did not establish operation at the level of national significance. Appeal dismissed.

Public policy advocate and project manager with doctorate and master's degree seeking NIW classification. Petitioner proposed sustainable farming and biomass fuel development endeavor and submitted recommendation letters. AAO held proposed endeavor lacked national or global implications required under Dhanasar first prong; appeal dismissed.

Rope access specialist sought EB-2 national interest waiver. AAO held endeavor lacks national importance because general industry benefits do not demonstrate prospective impact commensurate with national scope. Appeal dismissed without reaching second and third Dhanasar prongs.

A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.

An entrepreneur with advanced degree seeking EB-2 national interest waiver for an electric vehicle charging solutions company claimed substantial merit and national importance. The AAO found substantial merit but held the record lacks evidence showing his specific company would have prospective national impact beyond general industry importance.

A dental surgeon sought EB-2 classification with a national interest waiver for her dental practice. The AAO affirmed denial, finding the Director correctly rejected the waiver claim. While the petitioner qualified for EB-2 as an advanced degree professional, her proposed endeavor lacked national importance because it would not impact the dental field broadly and unsupported business projections could not establish national importance.

Business administrator seeking EB-2 with national interest waiver to establish accounting and financial advisory services company. Claimed substantial merit and national importance based on industry significance and economic contributions. AAO held the proposed endeavor lacks demonstrated national importance; broad industry importance and projections insufficient without corroborating evidence of petitioner's specific business impact.

Pharmaceutical sales representative with advanced degree seeks EB-2 national interest waiver for health-related project. Petitioner claimed national importance through health and economic benefits. AAO held substantial merit shown but national importance unmet; endeavor lacks evidence of broader field or regional impact exceeding specific occupational role.

An entrepreneurship professor sought EB-2 NIW for teaching and training programs. The AAO found the endeavor had substantial merit but lacked national importance because the evidence showed only local educational impact, not broader field implications or substantial economic effects needed for national interest.

Financial manager seeking EB-2 with NIW claimed endeavor has national importance through financial literacy services to small businesses. AAO held proposed endeavor lacks national importance because it lacks broader field implications and benefits only direct clients, not society broadly.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A dentist sought EB-2 classification with national interest waiver for a dental practice startup in Florida. The AAO affirmed denial, finding the proposed endeavor had substantial merit but lacked national importance; creating 21 jobs and generating tax revenue in a non-corroborated HUBZone location did not demonstrate requisite broader impact.

Health psychology researcher sought EB-2 NIW. Petitioner failed to establish exceptional ability, meeting only one of six regulatory criteria. AAO dismissed appeal without reaching NIW merits because exceptional ability is prerequisite for NIW eligibility.

An environmental engineer seeks NIW for an EB-2 self-petition to launch a consulting company in recycling and sustainable waste management. The AAO found the endeavor has substantial merit but lacks national importance, as benefits would not broadly enhance societal welfare beyond the applicant's company.

Healthcare consultant sought NIW to establish and operate new healthcare consulting company as CEO, proposing to optimize human capital and patient care resource allocation. AAO dismissed appeal because proposed endeavor lacks national importance; local economic benefits do not rise to national level; no broader healthcare field implications demonstrated.

Medical device manufacturing entrepreneur with advanced degree sought NIW. Petitioner established qualifying advanced degree status but failed first Dhanasar prong by not demonstrating specific endeavor has national importance. Appeal dismissed without reaching well-positioned or balance prongs.

Airline pilot and instructor with aeronautics background sought EB-2 with national interest waiver for sustainable aviation initiatives. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and specific prospective impact plan.

An equestrian entrepreneur sought EB-2 advanced degree classification and NIW. The AAO dismissed the appeal, finding the proposed equestrian business lacked national importance despite substantial merit, with only modest local employment and economic projections insufficient for national-level impact.

Service provider with advanced degree sought NIW for business in Florida. Petitioner met underlying EB-2 classification but failed first Dhanasar prong by not establishing national importance of specific proposed endeavor. Revenue projections and staffing levels insufficient to show substantial economic effects. Appeal dismissed.