Published AAO appeal decisions

Financial manager and lawyer seeks NIW. AAO found petitioner impermissibly changed proposed endeavor between initial filing and RFE response; initial endeavor lacks specific focus and does not demonstrate substantial merit or national importance.

Information technology professional proposed to establish an IT services company and sought EB-2 national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or prospective economic impact at required level.

Information technology entrepreneur proposing work safety software company sought EB-2 NIW classification. AAO held endeavor lacked national importance under Dhanasar because petitioner failed to demonstrate how one company operation would impact field broadly or produce substantial economic effects at regional or national level.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

An electrical engineer and project manager in renewable energy seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses professional credentials and industry significance, not the proposed endeavor's broader national impact or demonstrated employment potential.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

Advanced degree holder and entrepreneur seeking NIW for business consulting through company providing services including blood management consulting. Established substantial merit but failed to demonstrate national importance. Revenue projections and staffing plans insufficient; endeavor impact limited to specific clients and businesses.

A management and financial analyst sought EB-2 NIW for work as a financial analyst and starting a financial advisory services business. The AAO dismissed the appeal, upholding the director's decision that motion requirements were not met and that a business plan alone insufficient to establish national importance.

HR and organizational development consultant with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding field importance does not establish national importance of specific proposed endeavor; petitioner presented new evidence on appeal but failed to demonstrate prospective impact beyond prospective clients.

A petitioner sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the required employee-specific labor certification sections were not submitted and the petitioner did not contest the director's finding on the underlying EB-2 classification, so the waiver arguments were not reached.

Airplane pilot seeking EB-2 advanced degree with NIW. Proposed work as commercial airline pilot and trainer. AAO affirmed denial: lacks sufficiently specific endeavor; industry-wide pilot shortage does not establish national importance of individual's work; endeavor too vague to assess impact.

Corporate legal practitioner sought EB-2 national interest waiver for work developing ESG compliance legal frameworks. AAO dismissed appeal, finding while proposed endeavor has substantial merit, petitioner failed to establish national importance because work would benefit specific clients without broader implications to legal field analogous to improved manufacturing or medical advances.

An industrial engineer postdoctoral researcher sought EB-2 national interest waiver for supply chain research. The AAO reversed the Director on national importance, finding alignment with government priorities and field implications. However, the petitioner failed the second prong: insufficient evidence of personal record of success or influence establishing he could advance the endeavor.

Civil engineer and construction manager seeking EB-2 advanced degree with national interest waiver to develop innovative construction technologies and disaster-resilient infrastructure. Proposed endeavor has merit but lacks national importance. AAO dismissed because evidence shows only positive career impact, not broader national or industry significance; petitioner conflated importance of profession with importance of specific proposed endeavor.

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.

Fashion communication specialist seeking EB-2 advanced degree with NIW. Proposed founding communication strategy firm for small businesses across industries. AAO affirmed denial: lacks EB-2 advanced degree qualification; proposed endeavor lacks national importance despite covering multiple sectors.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Computer scientist seeking NIW for research on machine learning and high-performance computing convergence. AAO dismissed appeal, finding the proposed endeavor insufficiently specific to permit Dhanasar analysis and lacking demonstrated national importance or broader field impact.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

Advanced degree professional seeking EB-2 with national interest waiver for proposed pastry shop business. Petitioner claimed endeavor would promote healthier eating and create jobs aligned with national health goals. AAO found insufficient evidence that the specific proposed endeavor has national importance, requiring broader implications than claimed.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

A CEO with AI and software expertise sought NIW as EB-2. The service center approved his advanced degree status but denied the waiver, finding no evidence the endeavor transcends personal clients to achieve national significance. The AAO affirmed, distinguishing petitioner's qualifications from the endeavor's prospective impact requirement.

Doctoral nutrition science student seeks EB-2 advanced degree and national interest waiver for research on nutrition, obesity, and sustainable farming. AAO held endeavor has substantial merit but lacks national importance; expert letters insufficient to demonstrate specific prospective impact on field broadly.

A financial consultant sought NIW as EB-2 to operate a strategic advisory firm. The service center approved his advanced degree status but denied national interest waiver, finding insufficient evidence of endeavor's national importance. The AAO affirmed, holding unsupported projections of job creation and revenue insufficient to demonstrate national significance.