Published AAO appeal decisions

Experienced massage therapist seeks NIW for exceptional ability. AAO affirmed Director's denial finding proposed massage therapy business lacks national importance, as claimed economic benefits and field importance do not demonstrate specific endeavor's prospective impact beyond individual clients.

Automation technician claiming exceptional ability sought EB-2 with national interest waiver. AAO affirmed denial on two grounds: petitioner did not establish exceptional ability under initial criteria, and did not meet national importance requirement of first Dhanasar prong.

A business manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five exceptional ability criteria, with only membership found by the director. The AAO found the academic record, experience and salary evidence deficient, so fewer than three criteria were met, and it reserved the Dhanasar analysis.

A home health aide seeking NIW for EB-2 classification claims her business addresses healthcare shortage and benefits the economy. The AAO found substantial merit but rejected national importance, holding her specific endeavor lacks broad impact on the field or economy required by Dhanasar.

Dental surgeon entrepreneur seeks EB-2 classification with national interest waiver for dental practice. AAO affirmed denial, finding petitioner qualified for EB-2 as advanced degree professional and was well-positioned to advance endeavor, but failed to establish national importance required by Dhanasar first prong.

Entrepreneur sought EB-2 advanced degree or exceptional ability and NIW. AAO found petitioner qualified for advanced degree EB-2 but dismissed NIW appeal. Proposed management consulting endeavor lacked national importance despite job creation projections; substantial merit acknowledged but personal qualifications immaterial to first Dhanasar prong.

Entrepreneur self-petitioned for EB-2 NIW to establish PPE import-export business reducing reliance on China. AAO affirmed denial, finding endeavor has substantial merit but petitioner conflated importance of international trade and PPE industries with specific business endeavor's prospective impact.

A trucking entrepreneur seeks NIW for expanding his trucking company. The AAO dismissed the appeal, finding the endeavor lacks national importance despite job creation projections; national truck driver shortage alone is insufficient, and the business shows no original innovations or broader field implications.

Electrical technician seeking NIW for self-employed energy management consulting company. AAO dismissed because petitioner failed first prong: generic articles on energy importance and entrepreneurship did not establish that her specific endeavor would create substantial economic impact or broadly enhance societal welfare.

Marketing and communications manager with advanced degree sought waiver to provide branding consultancy. Qualified for underlying EB-2 but failed to establish national importance of endeavor; impact limited to clients without broader economic benefits.

Petitioner proposes startup logistics and transportation company in Florida. Claimed endeavor has national importance. AAO held prior work experience and generalized industry reports do not establish specific endeavor's national importance; startup company among many competitors lacks demonstrated broader field implications.

Audiologist seeks EB-2 with national interest waiver. Claimed endeavor addressing hearing loss has national importance aligned with federal initiatives. AAO held field importance insufficient; specific endeavor is direct clinical service without demonstrated broader implications, speculation about future research lacks probative value for Dhanasar analysis.

A physician seeking EB-2 with national interest waiver claimed ability to provide integrative medical services to underserved populations. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and did not demonstrate national importance, as it appeared to describe general medical practice without explaining a distinct, nationally significant undertaking.

Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.

Sales and marketing entrepreneur petitioned for NIW for marketing consulting firm serving nonprofits. Claimed all three Dhanasar prongs. AAO found endeavor lacks national importance despite serving nonprofit sector; lacks broader implications and substantial U.S. employment potential, and dismissed without addressing remaining prongs.

A contemporary dancer met at least three EB-1A evidentiary criteria but failed the final merits determination. The decision found insufficient evidence of sustained national or international acclaim, noting a prolonged absence from performing, a shift to other fields, and no evidence of ongoing recognition. Appeal dismissed.

Brazilian jiu-jitsu athlete and coach seeks EB-1A. Claims include competition awards and association membership. AAO found competition medals lack national or international recognition and insufficient media coverage; membership claim not adequately established; does not meet three-criterion threshold or demonstrate extraordinary ability.

Architect seeks national interest waiver for sustainable architecture consulting business. AAO held the endeavor has substantial merit and national importance but applicant lacks demonstrated success or progress in advancing this specific endeavor, so waiver denied.

A cinematographer from Kazakhstan sought EB-1A extraordinary ability classification. Although the AAO found one criterion met (exhibitions), the applicant failed to establish three total criteria and lacked evidence of sustained national or international acclaim required for the classification.

A pharmaceutical chemist self-petitioner sought EB-2 national interest waiver for a pharmacotherapeutic monitoring endeavor. The AAO dismissed the appeal, finding substantial merit but no national importance: evidence did not show how the proposed work would extend beyond direct patients to impact the field or have prospective broader implications.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

Psychologist seeking EB-2 with national interest waiver. Director found proposed endeavor had substantial merit but petitioner failed to establish national importance. Appeal dismissed; AAO affirmed national importance finding without reaching remaining Dhanasar prongs.

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

A graphical design entrepreneur sought exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to contest the director's adverse final merits determination on appeal, constituting waiver of a dispositive issue that made overall eligibility impossible.

Entrepreneur in commercial flooring sought EB-2 NIW. AAO withdrew Director's advanced degree finding due to deficient work experience letters, but affirmed NIW denial. Proposed business lacked demonstrated national importance; claimed strategic approaches and product diversity offered only incremental benefits.