Published AAO appeal decisions

An entrepreneur with pharmacy and diagnostic laboratory expertise seeks EB-2 NIW to open a low-cost diagnostic lab in an economically depressed region. AAO dismissed because the proposed endeavor lacks national importance; a small business serving local patients and employing 22 workers does not meet Dhanasar's requirement for broader field impact or substantial national economic benefit.

Recent law school graduate and former police officer seeks NIW for EB-2 to practice law. Proposes to represent clients in court, advocate for policy changes, and promote community rights awareness. AAO holds lawyer shortage alone insufficient and petitioner failed to demonstrate prospective impact beyond direct clients and employer or substantial positive economic effects at national level.

Computational materials scientist sought NIW claiming work on quantum information science and functional materials. AAO dismissed appeal because petitioner failed to specify a concrete proposed endeavor as required under Dhanasar, despite notice and opportunity to clarify.

Legal services provider sought NIW as self-petitioner under EB-2 advanced degree category. AAO dismissed appeal finding petitioner lacks five years progressive post-baccalaureate experience in specialty and failed to provide required academic equivalency evaluations, making underlying EB-2 eligibility impossible to establish.

Electrical engineer with decades of experience seeks EB-2 national interest waiver for consulting services bridging European and American electrical systems. Claimed national importance based on STEM shortage and consulting services. AAO dismissed, finding consulting services do not extend beyond client base to impact industry broadly; revenue and employment projections insufficient for substantial economic effects.

Aircraft maintenance specialist sought EB-2 national interest waiver. Claimed endeavor has national importance through aviation industry support and safety. AAO dismissed appeal because specific proposed endeavor lacked demonstrated national importance or broad field impact beyond position.

Entrepreneur in insurance and pet services sought NIW as EB-2 advanced degree holder. Proposed pet care business partnered with insurers. AAO adopted Director's denial, finding endeavor lacked national importance; reiterating benefits of profession insufficient and specific business impact must extend beyond clientele.

Mechanical engineer seeking NIW under EB-2 proposing to establish maintenance services company. AAO found proposed endeavor lacks national importance; plan omits critical details on location, scope, employee count, and economic impact. Second-preference eligibility reserved. Appeal dismissed.

General operations manager sought EB-2 with national interest waiver to operate acai fruit bowl and smoothie franchise kiosks. AAO found substantial merit but no national importance; proposed venture lacked size or scope to significantly impact economy or employment regionally or nationally.

IT manager sought EB-2 national interest waiver for IT consulting firm startup. Claimed business plan showed growth and national security relevance. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond serving specific clients.

An entrepreneur and general business manager sought a national interest waiver with EB-2 exceptional ability classification. The AAO agreed with the Director that the membership and recognition evidence fell short, so three exceptional ability criteria were not satisfied. It reserved the Dhanasar analysis and dismissed the appeal.

Nursing and home healthcare entrepreneur sought NIW under EB-2. Claimed substantial merit and national importance via franchising, telemedicine, and research partnerships serving diverse populations. AAO found substantial merit but rejected national importance, concluding proposed endeavor lacks documented broader impact on industry beyond petitioner's direct clients.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

Self-petitioner exercise physiologist seeks national interest waiver for proposed work in adaptive physical education, preventive activity, and weight loss services. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's services, thus failing NIW eligibility despite substantial merit.

An entrepreneur with advanced degree sought NIW to lead financial consulting and loan services business. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance despite general importance of entrepreneurs, and petitioner not well positioned to advance it.

Brazilian audiovisual production entrepreneur sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner failed to meet three of six regulatory criteria for exceptional ability, including insufficient employer letters, no comparable license or certification evidence, and no comparative salary data demonstrating exceptional ability.

Advanced degree holder in mechanical engineering seeks NIW for reinsurance brokerage company. Petitioner argued field importance and government policy alignment but failed to demonstrate specific endeavor's national importance. Business plan projected $1.4M to $2.5M revenue and seven to ten jobs but lacked evidence of broader industry or economic impact. AAO dismissed; first Dhanasar prong not satisfied.

An entrepreneur in business coaching sought EB-2 NIW classification. She had an advanced degree and registered business status but provided limited evidence of past business success, a viable business model, or customer interest in her proposed online training courses. The AAO affirmed that she failed the second prong, finding her not well-positioned to advance her endeavor.

Reinsurance executive petitioned for EB-1A extraordinary ability classification. Claimed eight criteria but established only one (leading or critical role). AAO affirmed petitioner failed to meet membership and high salary criteria, did not reach original contributions, and concluded record lacked evidence of sustained acclaim or top-tier standing required.

Tax specialist with advanced degree seeks EB-2 NIW for financial audit and tax services. AAO affirmed petitioner qualified for EB-2 as advanced degree professional but held proposed venture, while meritorious, lacked national importance. Serving U.S. businesses' financial compliance is insufficient without demonstrating substantial national-level economic impact.

Speech therapist and healthcare entrepreneur sought EB-2 with national interest waiver for home healthcare services company. AAO found underlying advanced degree qualification met but denied waiver because proposed endeavor lacked national importance; general healthcare worker shortage and projected economic benefits insufficient without demonstrating broader field impact.

Entrepreneur seeking EB-2 classification with national interest waiver for spa services business. Claimed business would address industry shortage and create jobs. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor, lacking evidence of broader industry implications or substantial economic effects required under Dhanasar first prong.

Software developer and color management technology inventor sought NIW as EB-2 advanced degree holder. Claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance; impact limited to employer and industry partners without demonstrating significant prospective economic benefits or job creation.

Fashion designer sought EB-1A extraordinary ability classification emphasizing sustainable clothing and domestic vendors. AAO dismissed appeal; petitioner met only two of required three criteria (published material and exhibitions) and failed to demonstrate sustained national or international acclaim or top-tier standing.

Business owner claimed national interest waiver for EB-2 healthcare software platform. AAO held evidence did not sufficiently demonstrate prospective national importance because although the field was important, the specific endeavor lacked direct connection to claimed broad healthcare industry impacts.