Published AAO appeal decisions

Veterinarian sought EB-2 NIW for K9 detection dog veterinary services business. While endeavor had substantial merit and petitioner held advanced degree and demonstrated competence, the proposed work would not impact veterinary medicine industry or economy beyond serving specific clients.

An aeronautical engineer holding an advanced degree sought EB-2 national interest waiver. The AAO found him eligible for underlying EB-2 classification but concluded his proposed endeavor lacked national importance under Dhanasar's first prong, as his work benefited only his employer without demonstrating broader industry impact or significant U.S. employment potential. The appeal was dismissed.

Self-petitioner entrepreneur sought EB-2 NIW to provide consulting services and software system to small businesses. AAO dismissed appeal because the proposed endeavor lacked national importance, affecting only his company and clients, not the broader entrepreneurship or economy; personal statements lacked corroborating evidence.

Finance manager with Brazil business expertise seeks NIW for EB-2 to establish consulting company. Business plan projects 23 staff and 41 direct jobs in year five. AAO holds proposed endeavor lacks national importance; modest job creation in large industry does not constitute substantial positive economic effects, and no showing of broader impact beyond company and customers.

Training specialist sought NIW for self-sponsored business in corporate training and development. Petitioner claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor lacks national importance; revenue projections and modest employment forecasts do not demonstrate substantial economic impact.

Software quality analyst sought NIW based on EB-2 advanced degree or exceptional ability. Failed to establish qualifying EB-2 classification; lacked valid foreign degree credential. AAO declined discretionary review of NIW Dhanasar prongs due to failure on threshold EB-2 qualification.

An entrepreneur in business management and general operations management sought a national interest waiver. AAO dismissed because the consulting business lacked national importance; helping clients maximize profitability and creating local employment did not extend beyond his clientele to impact the field or economy broadly.

An entrepreneur seeking EB-2 NIW for a freight trucking business claimed national interest based on job creation and economic growth. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of prospective impact extending beyond the company and its customers to demonstrate national importance.

A certified flight instructor curriculum developer sought EB-2 NIW, claiming the endeavor would modernize pilot training and address national pilot shortages. The AAO dismissed, finding insufficient evidence that her specific teaching methods would extend beyond her institutions or impact the aviation field broadly.

Project management specialist with advanced master's degree seeks EB-2 NIW for self-employment in urban infrastructure development. Director found substantial merit but no national importance. AAO affirmed, holding proposed endeavor lacks national scope or broader implications beyond applicant's own business, and lacks sufficient evidence of prospective impact or regional benefit.

Healthcare and life sciences manager with MBA seeking NIW for training company addressing life sciences talent shortage. Qualified as advanced degree professional. AAO dismissed because proposed endeavor lacks documentary evidence of impact on hiring challenges at national level; focus on specific company rather than broader field advancement.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Energy systems engineer sought NIW for solar-thermal and energy efficiency work. Lacked required DOL forms and made material post-filing changes to proposed endeavor. AAO dismissed for missing initial evidence and material changes to claimed endeavor.

Senior hardware engineer seeking NIW for EB-2 classification. Proposed research in integrated circuit design. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor, showing only past research accomplishments without demonstrating broader prospective impact required by Dhanasar first prong.

An architect and sustainable construction consultant sought EB-2 classification with national interest waiver. The AAO affirmed denial because although he qualified as an advanced degree professional and his field had merit, his consulting practice lacked national importance; impact would be limited to individual clients rather than advancing the broader construction industry.

Entrepreneur in financial management sought EB-2 advanced degree classification with national interest waiver. Director denied petition on national importance grounds. AAO affirmed, finding proposed endeavor providing financial consulting to small businesses did not demonstrate national importance; no specific evidence of job creation, broader field impact, or substantial economic effects required by Dhanasar.

A food service entrepreneur from Brazil sought NIW classification to establish a business in the United States. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of national importance required under Dhanasar, as it showed no significant potential to employ U.S. workers or generate substantial economic effects beyond the petitioner's prospective clientele.

An oil and gas project manager sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance because the petitioner relied on industry significance rather than specific prospective impact of his individual work.

Software developer sought NIW for sustainable software development services to small businesses. Petitioner claimed national importance through multiple documentary pieces and field benefits. AAO dismissed, finding proposed endeavor lacks national importance; submitted materials describe industry importance, not specific endeavor impact.

Economist seeking EB-2 classification with national interest waiver for business venture addressing housing affordability and homelessness. Claimed substantial merit and submitted articles on housing policy. AAO dismissed, finding petitioner failed Dhanasar first prong: industry importance and government priorities do not establish national importance of the specific proposed endeavor itself.

A registered nurse sought EB-2 NIW to work and train nurses in Florida while pursuing a doctoral degree in nursing practice. The AAO dismissed the appeal because the petitioner failed to demonstrate that her work would have national importance beyond benefiting her individual patients and trainees.

Filmmaker with thirty years experience claimed extraordinary ability through awards, membership, published material, and exhibitions. AAO affirmed awards and membership were not met, published material insufficient, and exhibitions alone do not establish sustained national or international acclaim required.

Airline pilot sought NIW for EB-2 classification under advanced degree. Petitioner initially proposed aviation security instruction, then shifted to airline pilot work. AAO dismissed appeal because proposed endeavor lacked consistency and failed national importance requirement; teaching and pilot work lack sufficient broader implications.

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.