Published AAO appeal decisions

Brazilian entrepreneur seeking NIW under EB-2 proposing multiple U.S. businesses including educational and elevator enterprises. AAO found substantial merit but no national importance; projected revenues and job creation insufficient; social benefits lack national-scale implications. Appeal dismissed.

Ph.D. public health researcher with advanced degree sought NIW as self-petitioner. AAO found endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she is well-positioned to advance her research through evidence of impact or success.

Clinical and counseling psychologist sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of providing psychological services and treatment through business. AAO held endeavor lacked national importance; business revenue and job projections did not demonstrate substantial positive economic effects or broader field impact.

General and operations manager sought EB-2 NIW to establish a business. AAO dismissed the appeal, affirming the director's finding that the proposed endeavor lacks substantial merit and national importance, as it cannot demonstrate broader field impact or significant economic effects beyond individual clients.

An aviation instructor sought EB-2 NIW to teach pilots in the United States. The AAO dismissed the appeal because the petitioner failed to establish national importance of his teaching endeavor. Post-filing claims about founding his own flight school introduced new facts unsupported at time of filing.

Aeronautical engineer seeking NIW for consulting work in aviation. Claimed substantial merit and national importance. AAO dismissed appeal, finding endeavor lacked demonstrated national importance because petitioner provided no documentation of specific impact beyond consulting clients or broader aviation field implications.

Software developer entrepreneur seeking NIW. Claimed substantial merit and national importance of IT consulting business. AAO found endeavor substantially meritorious but lacked national importance because benefits would not extend beyond the business itself to broader field impact.

Self-petitioner, fitness entrepreneur proposing fitness director role with consulting services. Claimed substantial merit and national importance under Dhanasar. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance because it affects only her clients, not the fitness industry broadly.

Marketing manager seeking national interest waiver for self-owned firearms and beauty product businesses. AAO held proposed endeavors lack national importance because they would not impact petitioner's field broadly and do not extend beyond her immediate clientele.

Dermatologist self-petitioner sought NIW for endeavor providing dermatology services emphasizing care for underserved and cancer patients. AAO found endeavor has substantial merit but lacks national importance; does not demonstrate broader field impact or significant economic effects required under Dhanasar first prong.

A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.

Brazilian entrepreneur in civil engineering sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of endeavor to develop and expand company operations. AAO held proposed endeavor lacked clarity and demonstrated insufficient prospective impact beyond his own business clientele to establish national importance.

Business intelligence analyst seeking national interest waiver claimed endeavor providing data analysis services to small and medium enterprises would benefit U.S. economy. AAO dismissed, finding proposed work lacked national importance because benefits were narrowly confined to individual client revenue improvement without broader field or economic implications.

A nurse in Brazil sought EB-2 NIW to continue nursing career in U.S. hospitals. The AAO found the nursing endeavor had substantial merit but rejected the petition because the petitioner failed to show national importance. The work's impact remained limited to individual patients and institutions, lacking broader implications.

A business owner in vehicle and signage graphics sought exceptional ability classification with a national interest waiver. The director found the exceptional ability criteria unmet. The AAO withdrew a favorable finding on the degree criterion, found experience and recognition criteria unmet, dismissed the appeal, and reserved the Dhanasar waiver analysis.

Industrial engineer seeking EB-2 with national interest waiver proposed supply chain management consulting. AAO affirmed denial because the specific endeavor lacked demonstrated national importance despite industry importance; supply chain work was confined to individual clients and businesses without broader field-level implications.

Information technology systems specialist sought EB-2 with national interest waiver for IT infrastructure services business. AAO found substantial merit but not national importance; projected revenue and employment figures insufficient to demonstrate substantial economic effects or broader industry impact.

English professor self-petitioner claimed extraordinary ability through three evidentiary criteria. AAO found petitioner failed to meet the judging criterion and could not reach three criteria minimum. AAO also found no sustained national or international acclaim demonstrating extraordinary ability required for EB-1A classification.

Hair stylist claimed EB-1A extraordinary ability. AAO dismissed after finding only two of ten criteria met, below three-criterion threshold. Styling work lacked national or international recognition and did not evidence career of acclaimed work.

Software engineer sought EB-1A extraordinary ability classification. He met one criterion but failed to meet the required minimum of three criteria. The AAO found his overall record lacked the sustained national or international acclaim and top-tier status required for extraordinary ability, dismissing the appeal.

Swimmer and multisport athlete sought EB-1A extraordinary ability classification in athletics. AAO dismissed appeal because petitioner met only two of three required evidentiary criteria and failed to demonstrate sustained national or international acclaim; recognition limited to Ukrainian competitions and one long-distance swim approximately ten years before petition.

A big data center consultant sought extraordinary ability classification in business. He met three initial evidentiary criteria and demonstrated sustained national recognition as an expert, including leadership of technology standards groups. The AAO sustained the appeal, finding he is among the small percentage at the very top of his field.

Engineer and drone operator sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor lacked national importance. Evidence showed competence but no impact beyond employer or clients, nor field-wide advancement commensurate with national importance.

A business consultant seeks NIW status to operate a strategy and management advisory service. The AAO rejected the claim because services would benefit only individual client companies without extending to broader industry impact or demonstrating substantial national economic effects.

General and operations manager seeking NIW for home flipping company. Met substantial merit requirement but failed national importance prong. AAO dismissed appeal, finding petitioner showed general industry importance but not specific endeavor impact on regional or national economy at level contemplated by Dhanasar.