Published AAO appeal decisions

Business owner in economically depressed area sought EB-2 with NIW for beauty care and candy distribution company claiming national importance through cultural enrichment and economic benefits. AAO held location in depressed area alone insufficient; proposed endeavor lacks significant employment potential or substantial positive economic effects.

Entrepreneur seeking NIW to operate investment management company serving Brazilian ultra-high-net-worth individuals in Florida. AAO dismissed appeal, finding the specific endeavor lacks national importance despite substantial merit; benefits limited to prospective clients and employees without broader field impact.

A recruiter in financial analysis sought NIW as EB-2 exceptional ability individual proposing to establish a recruitment consulting business. The AAO found substantial merit but dismissed the appeal, holding that the proposed endeavor lacked demonstrated national importance without evidence of broad economic effects.

Self-petitioner marketing manager proposing green marketing consulting business. Claimed national interest waiver under Dhanasar. AAO dismissed appeal finding proposed endeavor lacks national importance despite substantial merit determination; insufficient evidence of prospective impact beyond business clients.

Cybersecurity and IT teacher seeks NIW for EB-2 advanced degree classification as IT professional. Claimed endeavor would reduce fraud and identity theft nationwide. AAO dismissed appeal, finding no demonstrated national importance or broad prospective impact beyond specific employers required under Dhanasar framework.

Marketing entrepreneur sought national interest waiver claiming expertise in Brazilian advertising market beneficial to US expansion efforts. AAO found proposed endeavor lacks substantial merit and national importance, affecting only prospective employers and clients without broader impact on advertising field or economy, and no demonstrated job creation or economic effects.

An IT architect and entrepreneur sought NIW for work as a software engineer and architect. The petitioner claimed five of six exceptional ability criteria. The AAO dismissed the appeal, finding the petitioner did not meet the required three criteria for underlying EB-2 classification and therefore was ineligible for NIW consideration.

Automotive service technician seeks EB-2 NIW for process toolmaking and quality control in automotive manufacturing. AAO dismissed appeal on two independent grounds: deficient signature on appeal form, and lack of national importance of proposed endeavor under Dhanasar first prong.

Self-petitioner aeronautical engineer proposing to establish aircraft maintenance and repair services business. Claimed national interest waiver. AAO dismissed appeal because proposed endeavor lacks the national importance required by first prong of Dhanasar framework; business lacks broader implications beyond clients and employees.

Financial specialist seeking EB-2 exceptional ability with NIW. Proposed founding financial analysis and planning services firm. AAO affirmed denial: has substantial merit but lacks national importance; modest job creation and revenue projections insufficient for national-level economic impact.

Senior AI researcher sought EB-2 NIW for research on disease prediction using biomedical data and modeling. AAO held specific endeavor lacks national importance; research field importance and petitioner credentials do not demonstrate broader industry or national impact.

A business administration consultant seeks EB-2 NIW for a startup consulting company. Director denied the petition. AAO affirmed, finding the proposed endeavor has substantial merit but lacks national importance; helping unidentified SMEs and employing seventeen workers does not rise to national impact required under Dhanasar.

Architect proposing to establish an architecture firm claimed national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or substantial prospective economic benefit to rise to the required level.

Entrepreneur in fitness and health industry sought EB-2 NIW to expand business. AAO held endeavor has substantial merit but lacks national importance; fitness industry significance does not establish applicant's specific business impact at national level; appeal dismissed.

Logistics entrepreneur claiming NIW for business management company. Advanced degree holder qualified for EB-2. Claimed supply chain improvements and job growth demonstrate national importance. AAO found proposed endeavor lacks broader implications and substantial economic impact required for national importance under Dhanasar.

A trucking entrepreneur from Uzbekistan seeking EB-2 national interest waiver. Proposed startup projected 35 jobs and $58.2 million economic contribution. AAO found unsupported claims and undocumented indirect job projections. Impact deemed local rather than national; court reserved remaining prongs after first-prong failure.

Facilities manager claiming EB-2 with national interest waiver. AAO affirmed Director's finding that proposed endeavor lacks national importance; work limited to immediate employers and clients with no broader field or economic impact. Appeal dismissed.

A computer science lecturer and network consultant sought EB-2 with national interest waiver for research and academic roles. The AAO affirmed denial based on failure to demonstrate the petitioner was well-positioned to advance the proposed endeavor; insufficient evidence of funded research or meaningful field impact.

Industrial engineer seeks NIW for EB-2 exceptional ability classification as industrial designer developing sustainable construction products. AAO dismissed appeal, finding no demonstrated national importance: benefits limited to petitioner's clients without broader field implications or substantial positive economic effects.

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

Cybersecurity professional seeking EB-2 exceptional ability with NIW. Proposed founding cybersecurity consulting business. AAO affirmed denial: endeavor has substantial merit but lacks national importance; government strategy references address field broadly, not petitioner's specific proposed work.

A dentist and entrepreneur sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner's dental degree was not a doctoral degree as required; dentistry customarily requires a DDS or DMD. Because the underlying EB-2 classification was not established, the NIW was not addressed.

Sports industry professional sought EB-2 NIW for business venture. AAO dismissed appeal, finding no demonstrated national importance under Dhanasar's first prong. Petitioner conflated industry importance with specific endeavor impact; failed to show company would operate at national scale or generate substantial economic effects.

Chief executive and entrepreneur with advanced degree sought EB-2 national interest waiver. Qualified for underlying advanced degree classification. AAO held proposed endeavor lacked national importance under first Dhanasar prong: petitioner failed to demonstrate substantial U.S. economic impact, job creation, or broader field implications beyond personal work with selected companies and clients.

An airline pilot sought a national interest waiver under the Dhanasar framework, relying on the shortage of pilots and the importance of aviation. The AAO dismissed the appeal because the proposed endeavor, though meritorious, was not shown to have national importance. The other two prongs were reserved.