Published AAO appeal decisions

Dentist seeking NIW for EB-2 exceptional ability classification. AAO dismissed appeal because petitioner failed to establish EB-2 qualification; satisfied only one of six required regulatory criteria for exceptional ability and waived appeal on remaining criteria issues.

Industrial engineering expert with advanced degree seeking NIW for EB-2 classification; AAO reversed denial of EB-2 qualification but dismissed NIW appeal. Petitioner failed to demonstrate proposed business engineering endeavor has substantial merit or national importance; vague business plan lacks specific evidence of broader field impact or economic benefits.

Management consultant with advanced degree in business administration seeks EB-2 national interest waiver. Claimed waiver based on business consulting services providing national economic benefits. AAO dismissed appeal, finding proposed endeavor lacks sufficient national importance despite industry demand; general industry articles do not establish specific endeavor impact.

Lawyer from Kazakhstan sought EB-2 with national interest waiver. AAO affirmed denial because endeavor lacked national importance. Russian language skills and geopolitical concerns unpersuasive; proposed immigration paralegal work limited to local scope without broader regional or national impact.

A pastor sought EB-1A extraordinary ability classification through Christian missions work. Although the director found four criteria met, the AAO reversed three findings on review and affirmed only published material. With only one criterion met, the petitioner failed to meet the three-criterion threshold and lacked sustained national or international acclaim.

Commercial lawyer with advanced degree sought NIW for EB-2. Claimed endeavor in commercial law with cross-border initiatives had substantial merit and national importance. AAO dismissed appeal because petitioner failed to clearly define her specific proposed endeavor and provided insufficient evidence of national importance or prospective economic impact.

Medical services provider with advanced degree sought NIW for EB-2 to provide CBD therapeutic education consulting. AAO held the proposed endeavor lacked national importance because it contained only generalized descriptions without sufficient documentation demonstrating specific prospective impact on healthcare or the broader economy.

Social worker with advanced degree sought NIW for EB-2. She claimed her endeavor in behavioral and emotional support for youth had national importance. AAO held the endeavor lacked national importance because it would serve only specific families without broader impact on pedagogy or social work fields.

Petroleum engineer sought NIW for EB-2. He proposed employment in oil and gas engineering services, claiming national importance based on industry growth. AAO held his specific endeavor lacked national importance because it demonstrated no substantial economic impact or job creation benefit beyond prospective employers.

Entrepreneur with twenty years accounting and finance experience in pharmaceutical industry seeking EB-1A extraordinary ability in business. AAO held only two of ten criteria met; three-criterion threshold not satisfied; no major award or exceptional recognition; appeal dismissed.

Athletic trainer seeking EB-2 with NIW for physical rehabilitation services. AAO held petitioner qualified for advanced degree classification but proposed endeavor lacks national importance; specific services limited to individual clients without broader economic or field-wide impact. Appeal dismissed.

Software quality assurance engineer seeking EB-2 with NIW. AAO held proposed IT endeavor lacks national importance; merely working in STEM field without demonstrating specific technology advancement or broader impact insufficient. Appeal dismissed.

A cybersecurity professional sought EB-2 advanced degree classification with NIW for operating his own CISO consulting business. The AAO found the endeavor had substantial merit but lacked national importance, as it would benefit only specific clients without broader economic or industry impact.

An international legal consultant sought EB-2 advanced degree classification with NIW. The AAO agreed petitioner qualified as advanced degree professional but found the consulting endeavor lacked national importance, having only local/regional impact without broader field implications.

Self-employed financial specialist seeks NIW for EB-2. Petitioner claimed work in financial services has national importance and proposed training managers. AAO dismissed appeal, finding no evidence the specific endeavor has national or global implications, broader implications, or substantial positive economic effects beyond direct clients.

A business administrator seeks an NIW for EB-2 classification. She claimed the proposed endeavor of providing business administration services has national importance. The AAO found substantial merit but dismissed because the specific endeavor lacks national importance; evidence addressed only general importance of business administration, not its specific prospective impact.

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

Fashion designer sought EB-1A extraordinary ability classification. Petitioner claimed four criteria beyond the one (exhibitions) the director conceded. AAO found petitioner met only one criterion, falling short of three required, and held overall record does not demonstrate sustained national or international acclaim or placement among top of field.

A foreign language teacher and entrepreneur proposed a company offering foreign language classes and specialized education services, claiming forty years experience and job creation. The AAO held the endeavor lacks national importance because it does not extend beyond the company and clientele to impact the field broadly, failing the first Dhanasar prong.

A pediatrician intending to work as a registered nurse in the U.S. sought EB-2 NIW classification, claiming she would improve healthcare for Latin populations in areas with nursing shortages. The AAO dismissed the appeal, finding her direct patient care lacked national importance and broader field impact despite substantial merit.

An investment associate in clean energy sought EB-2 NIW. Qualified as advanced degree professional. Endeavor has substantial merit but lacks national importance; no evidence of projected U.S. job creation or substantial economic effects from her specific investment consulting services.

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.

A dental professional seeking EB-2 with NIW submitted evidence of dental care shortages and professional publications. The AAO upheld dismissal, holding the proposed endeavor lacked national importance; professional attributes and field importance do not establish the specific endeavor's prospective impact.

Entrepreneur with master's degree in business administration seeking EB-2 national interest waiver to own and operate trucking company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; business impact limited to company clients without broader industry or economy-wide effects.

Computer systems manager with advanced degree seeking EB-2 national interest waiver to establish IT consulting company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; company activities would benefit only its clients without broader implications for IT industry or significant employment impact.