Published AAO appeal decisions

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

A permanent makeup artist, trainer, and salon owner proposed operating an aesthetic beauty salon and training center, claiming exceptional ability and national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; claimed free cancer patient services represented a material post-filing change and prior experience primarily addressed a different Dhanasar prong.

An aircraft maintenance technician in aviation sought EB-2 exceptional ability and NIW. The AAO dismissed the appeal because the petitioner failed to satisfy at least three of six exceptional ability criteria, making NIW analysis unnecessary.

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

Entrepreneur and regulatory affairs manager with environmental engineering degree seeks NIW for EB-2 classification. Petitioner claimed endeavor consulting on medical device regulations has national importance due to field growth and job creation. AAO found substantial merit but dismissed; working in important field does not establish national importance of specific endeavor.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Physiology researcher sought EB-1A extraordinary ability classification. Petitioner satisfied two criteria (judging and scholarly articles) but claimed only one additional criterion (original contributions). AAO found original contributions insufficiently demonstrated as major significance and dismissed appeal; final merits review not required.

Veterinary science researcher with bachelor's and master's degrees sought EB-1A extraordinary ability classification. Met only two of ten required criteria. AAO affirmed denial because petitioner failed to demonstrate sufficient initial evidentiary requirements for extraordinary ability determination.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.

Finance entrepreneur seeks NIW for consulting company connecting Brazilian investors to US financial products. Claimed substantial merit and national importance. AAO found specific proposed endeavor lacked demonstrated national importance despite broad industry relevance.

Accountant sought EB-2 NIW for tax and business services to companies and individuals. AAO dismissed: while endeavor has substantial merit, petitioner failed to show broader national or global impact required for national importance. Government initiatives and industry developments do not establish her specific endeavor's national importance.

Film and television producer sought EB-2 exceptional ability classification and national interest waiver. AAO affirmed service center denial, finding petitioner met only two of six regulatory criteria for exceptional ability; letters lacked specific detail on recognition and awards lacked nexus to petitioner's contributions.

An artist sought EB-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner met only one of ten evidentiary criteria and failed to demonstrate sustained national or international acclaim required for the final merits determination.

Entrepreneur and coach specialist with exceptional ability sought NIW for business consulting services in training and development. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance required under Dhanasar; declined to address second and third prongs.

A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was dismissed.

Civil project manager sought NIW under Dhanasar framework. AAO agreed proposed endeavor lacked national importance because petitioner did not demonstrate broader implications to construction or infrastructure beyond specific clients. Opinion confuses petitioner's qualifications with endeavor characteristics.

An accounting professional and entrepreneur sought exceptional ability and national interest waiver. The AAO found he met only one of six exceptional ability criteria. Because he failed the foundational EB-2 requirement, the AAO declined to reach the national interest waiver analysis and dismissed the appeal.

An occupational health and safety specialist sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of her proposed endeavor because she did not demonstrate how her work would impact the field broadly or have prospective broader implications.

Civil engineer seeks EB-2 NIW to develop low-income housing construction company. AAO held proposed endeavor has substantial merit but lacks national importance. General importance of construction field and housing shortage insufficient; petitioner failed to demonstrate his specific venture would generate substantial positive economic effects.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

Physical therapist from Costa Rica sought EB-2 NIW. AAO held the endeavor lacked national importance because the petitioner relied on past accomplishments and general field importance rather than demonstrating prospective impact of a specific proposed endeavor.

A combat zone camera operator seeks EB-1A extraordinary ability classification. AAO dismissed because although petitioner meets three initial evidentiary criteria, the overall record lacks evidence of sustained national or international acclaim; one film festival appearance and three television interviews over 14 years do not demonstrate the career of acclaimed work required.

Systems engineer seeking NIW for EB-2 claimed his work in IT sustainability has national importance. AAO held the proposed endeavor lacks sufficient prospective impact on the economy and does not demonstrate national importance, despite articles about the industry's relevance.

Computer science research assistant sought EB-2 classification with national interest waiver. Director denied petition; petitioner appealed. AAO dismissed, holding proposed endeavor lacked national importance; record contained no specific projects, insufficient job creation documentation, and absent analysis of prospective positive economic impacts required for national importance finding.

Electrical engineer sought EB-2 NIW to own and operate a solar energy engineering business in Florida. AAO held the specific endeavor lacks national importance despite the importance of the solar energy field; unsupported claims of hiring and economic benefits do not meet Dhanasar's first prong.