Published AAO appeal decisions

An accounting specialist entrepreneur sought EB-2 national interest waiver to hire forty-four employees. The AAO affirmed denial under Dhanasar's first prong: while the endeavor has substantial merit, it lacks national importance. The petitioner failed to show significant potential to employ U.S. workers or substantial positive economic effects beyond her company.

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

A financial manager and entrepreneur sought EB-2 NIW status to establish a mining equipment sales company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong because indirect economic effects and HUBZone status were insufficient to demonstrate substantial positive national economic impact.

A financial administrator sought NIW for EB-2 advanced degree classification. The AAO affirmed that although the proposed endeavor had substantial merit, it lacked national importance under Dhanasar because her advisory services would not impact the field or nation broadly. Appeal dismissed.

Commercial pilot seeks EB-2 NIW to work in aviation and pilot training. AAO dismissed appeal because proposed endeavor lacks national importance; general economic benefits and labor shortage mitigation insufficient under Dhanasar; second and third prongs not reached.

An attorney from Brazil seeks EB-2 with national interest waiver in tax and business law. The AAO found the petitioner did not qualify as an advanced degree professional or individual of exceptional ability, lacking required documentation and failing final merits review. Without underlying EB-2 eligibility, the NIW claim was not addressed.

Telecommunications consultant seeking EB-2 NIW. Petitioner self-filed. AAO found substantial merit but not national importance; evidence showed expertise and past accomplishments but not prospective impact on field or economy at national level.

Entrepreneur seeking EB-2 with national interest waiver to develop a business venture. Petitioner claimed substantial merit and national importance based on business plan, support letters, and documentary evidence. AAO dismissed because the proposed endeavor lacks national importance beyond the immediate employer and customers; descriptions conflicted with Form I-140.

Financial manager and entrepreneur sought EB-2 NIW for business work. AAO dismissed, finding proposed endeavor lacked sufficient evidence demonstrating national importance, broader economic impact, or substantial job creation at level required by Dhanasar framework.

Business consultant with advanced degree seeks EB-2 national interest waiver to operate consulting company serving small and medium enterprises. Petitioner claimed economic growth and government alignment. AAO held national importance unmet; personal statements and business plan lack sufficient evidence of broader field implications or substantial positive economic effects.

Foreign legal consultant seeking EB-2 NIW claimed advanced degree or exceptional ability. AAO held petitioner failed to establish underlying EB-2 eligibility because master's degree awarded after filing and insufficient progressive experience documented at filing. National interest waiver analysis reserved.

Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.

Accountant with advanced degree sought NIW for providing accounting and auditing services to prospective clients. AAO found substantial merit but rejected national importance claim, finding no evidence of broad field impact, realistic business viability, or substantial employment and economic benefits.

Foreign trade specialist sought EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance because evidence shows only limited benefits to specific employer clients, not broader industry implications or significant employment and economic effects.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

Mechanical engineer entrepreneur sought EB-2 NIW for proposed automotive innovation endeavor. AAO found substantial merit established but concluded endeavor lacked national importance; improvements to manufacturing would not extend beyond company clientele to impact field broadly or produce substantial economic benefits.

A physicist with a Ph.D. in physics and astronomy sought EB-2 NIW for proposed research. The AAO affirmed dismissal on the second Dhanasar prong. Though the petitioner met the first prong (substantial merit and national importance of the endeavor), he did not demonstrate sufficient qualifications, funding history, or independent research leadership to be well positioned to advance it.

Civil construction project director seeking NIW for EB-2 advanced degree classification proposed affordable residential development. AAO found substantial merit but no national importance because the petitioner failed to show how local housing benefits would reach national economic significance or demonstrate the company's scale and scope.

Financial manager seeking EB-2 exceptional ability with national interest waiver for technology-driven consulting firm. AAO held proposed endeavor lacks national importance; material post-filing changes to business plan made petition defective. Dhanasar prongs two and three not addressed.

A mechanical engineer and researcher with doctorate pursuing research on electric motor efficiency and AI integration. The AAO found the first prong met as the research addresses critical emerging technologies, but dismissed because petitioner failed to demonstrate institutional interest or funding securing his well-positioning to advance the research.

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

Entrepreneur in travel and tourism seeks EB-2 NIW to establish online travel portal business. AAO dismissed appeal after affirming motion dismissal; proposed endeavor lacks national importance; industry importance and unsupported financial projections insufficient to demonstrate broader field implications or substantial economic effects.

An individual of exceptional ability in occupational safety and business sought EB-2 classification and national interest waiver. The AAO dismissed the appeal because although the substantial merit was established, the petitioner failed to demonstrate that her proposed training and consulting business had national importance as required by the Dhanasar framework.

Martial arts entrepreneur and instructor sought NIW for business and training enterprise. AAO held substantial merit was met but national importance was not; no evidence of field or economy impact beyond direct clients, and business projections lacked adequate evidentiary support.

Financial and investment analyst seeking EB-2 NIW claimed expertise in financial consulting. AAO held petitioner met underlying EB-2 but failed first Dhanasar prong; proposed business providing budgeting and forecasting services lacks national importance and broader field implications required.