Published AAO appeal decisions

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

An entrepreneur seeking to establish dispatch and delivery services between the US and Eastern Europe claimed a national interest waiver. The AAO affirmed dismissal, finding the proposed endeavor lacked national importance, being confined to the applicant's company without demonstrating broader industry impact or substantial economic effects.

An IT consulting CEO proposed establishing a company in a HUBZone claiming national importance through employment projections and revenue generation. The AAO held the specific endeavor lacks national importance because it would only benefit prospective customers and employees; employment and tax projections alone do not establish substantial economic effects at national level.

Financial manager sought EB-2 NIW. AAO held the proposed endeavor lacked national importance because it would not impact the financial field broadly and lacked significant potential for U.S. employment or substantial economic effects. Appeal dismissed.

A cosmetologist seeking EB-2 classification with NIW claimed substantial merit and national importance for her proposed endeavor. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of her proposed work, which lacked broader implications beyond personal practice.

A product administrative support coordinator in finance sought EB-2 classification with NIW for a credit union financial consulting firm. The AAO dismissed the appeal because the proposed endeavor lacked national importance; financial projections were unsupported and broader implications were not established.

A general and operations manager in manufacturing sought EB-2 exceptional ability and NIW. AAO dismissed, finding he satisfied only two of six regulatory criteria, falling short of the three required; NIW prongs reserved.

Sustainability specialist sought EB-2 with national interest waiver. He claimed work helping companies become sustainable would address climate change and create jobs. AAO dismissed because the proposed endeavor lacked sufficient evidence of national importance; general assertions about economic impact without concrete corroboration were insufficient.

Geoscientist and data scientist holding advanced degree seeking NIW. Petitioner proposed climate and groundwater modeling research with potential government decision-making and sustainability benefits. AAO held proposed endeavor lacks national importance despite field relevance; supporting letters addressed petitioner's qualifications, not endeavor's broader impact or employment potential.

Marketing professional with advanced degree sought EB-2 national interest waiver for a proposed digital platform connecting investors and property services. AAO dismissed the appeal, holding the petitioner failed to provide sufficient detail about the specific proposed endeavor to establish substantial merit and national importance.

Nurse proposed healthcare startup for elderly and sought EB-2 NIW. AAO dismissed because petitioner lacked required advanced degree and failed exceptional ability criteria, and proposed endeavor lacked national importance under Dhanasar framework.

Commercial pilot seeking EB-2 NIW claimed his proposed endeavor had national importance based on industry demand and labor shortages. The AAO dismissed the appeal, finding no evidence that his specific endeavor would significantly reduce shortages or impact his field broadly beyond his employers and clients.

A driving school owner sought EB-2 NIW classification claiming exceptional ability. The AAO dismissed the appeal because the proposed endeavor lacked national importance, showing only local business success without broader impact on the driving safety field or economy.

Electrical project engineer with advanced degree seeking EB-2 and NIW for manufacturing consulting work. Director found substantial merit but not national importance. AAO affirmed that petitioner's proposed work would benefit only her employer or clients, lacking broader industry implications or substantial positive economic effects for the nation.

A project manager with chemistry and MBA degrees sought EB-2 NIW classification to advance construction project management methodologies. The AAO found no sufficient evidence of national importance for the proposed endeavor. Second and third prongs were not reached. Appeal dismissed.

Commercial specialist with advanced degree seeks EB-2 NIW classification. Petitioner met advanced degree professional standard but failed national importance prong of Dhanasar framework. Decision held that past achievements improving single employer's operations do not demonstrate broader field impact or national-level implications required for NIW.

An accountant in financial services sought EB-2 NIW based on proposing AI-driven credit risk assessment research for Treasury Department. The AAO found the proposed endeavor had substantial merit but lacked national importance because it would not extend beyond work with a single government entity to impact the field broadly.

An auto repair entrepreneur claimed exceptional ability through three regulatory criteria and sought a national interest waiver. The AAO affirmed dismissal, finding the degree unrelated to auto repair, insufficient ten-year experience evidence, and no demonstrated expertise significantly above the field, failing the prerequisite exceptional ability test.

A CEO of a specialty lighting company seeking to expand consulting services in commercial management, partnership enablement, and export consulting claimed a national interest waiver. The AAO found substantial merit but rejected national importance because the company would serve only specific clients without broader implications for the industry or U.S. economy.

CEO sought EB-2 exceptional ability with national interest waiver. AAO held petitioner met only one of six regulatory criteria for exceptional ability; failed to establish ten years experience, relevant licensure, comparative salary evidence, qualifying membership, or achievements; could not proceed to NIW analysis.

Commercial pilot sought EB-2 with national interest waiver. AAO held petitioner lacked requisite advanced degree or bachelor's degree equivalent and failed to demonstrate national importance of proposed work as pilot and instructor, lacking evidence of industry-wide impact.

Entrepreneur with nursing background in medical device sales seeks NIW. Claimed medical sales endeavor has national importance despite prior success and field contributions. AAO dismissed, finding no showing of broader field implications, scientific advancement, or substantial economic effects beyond direct service recipients.

Environmental consultant with advanced degree sought NIW for EB-2. First prong established but failed second prong: no demonstrated environmental consulting skills, business formation steps, or evidence of customer interest despite business plan and language fluency. Appeal dismissed.

An information security analyst sought EB-2 with NIW based on advanced degree status and proposed endeavor. The AAO dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification; foreign credential evaluation lacked probative value and did not demonstrate equivalency to U.S. bachelor's degree, so NIW analysis was not reached.

Entrepreneur in wallpaper industry seeking EB-2 NIW presented inconsistent proposed endeavors: wallpaper business and finance treasurer role. The AAO dismissed the appeal because petitioner failed to consistently describe the specific proposed endeavor, preventing assessment of substantial merit and national importance.