Published AAO appeal decisions

Business administrator self-petitioner with advanced degree and qualifying experience seeking national interest waiver. The AAO agreed the petitioner met underlying EB-2 requirements but dismissed the appeal, finding the proposed business training and consulting work lacked sufficient national importance beyond individual trainees.

A qualitative researcher seeking EB-2 with national interest waiver claiming to advance education research on mental health and student behavior. AAO affirmed denial because petitioner lacked sufficient academic research experience, had no meaningful citation record, and provided only general plans without credible detail or demonstrated progress toward the proposed endeavor.

Software developer seeking NIW for startup software company. AAO dismissed appeal, finding substantial merit but no national importance; applicant's work limited to individual clients without broader field impact or demonstrated substantial economic effects.

A retired police colonel and risk management auditor sought EB-2 with NIW for consulting on money laundering and BASC standards. The AAO dismissed because proposed work with individual clients lacked national importance; no showing of field-wide or broader implications.

An occupational health and safety expert seeks an NIW for EB-2 classification through her own consulting company providing OSHA training. The AAO affirmed that her proposed endeavor, while having substantial merit, lacks national importance because the record shows no impact beyond her company and its clients affecting the field, industry, or societal welfare.

Construction management entrepreneur seeking EB-2 with national interest waiver. Petitioner lacked categorical eligibility for EB-2 and failed first Dhanasar prong by shifting proposed endeavors, preventing analysis of substantial merit and national importance. Appeal dismissed.

A soccer coach and sports manager with master's degree in sport management sought EB-2 with NIW, proposing a youth soccer development program. The AAO affirmed denial, finding the proposed endeavor demonstrated substantial merit but lacked national importance; coaching individual children insufficient to impact sports management field broadly.

A nutritionist-entrepreneur sought EB-2 classification with NIW, claiming national importance for her proposed telehealth nutrition platform. The AAO dismissed, finding her endeavor lacked national importance despite substantial merit, as benefits extended only to individual clients without broader implications for the nutrition field.

A pediatric dentist and dental director sought EB-2 with NIW. The AAO found she qualified for EB-2 as holding an advanced degree but failed to demonstrate her proposed dental work has national importance, as required by the first Dhanasar prong. Benefits were limited to her employer and patients, without advancing pediatric dentistry broadly.

Self-petitioner business administration and finance professional seeks EB-2 NIW for telemedicine supply chain management consultancy. AAO held proposed endeavor fails first Dhanasar prong; while adjacent to national initiatives, specific endeavor lacks demonstrated national importance or government agency interest.

Logistics analyst with military background sought NIW for proposed management consulting firm to hire 32 U.S. workers. AAO dismissed appeal, finding proposed endeavor lacks the national importance required under Dhanasar's first prong; general alignment with industry goals and nominal economic growth are insufficient.

An investment principal with an MBA seeks NIW for continued work in venture capital focusing on emerging AI companies. The petitioner claimed three Dhanasar prongs. The AAO dismissed the appeal, finding the petitioner failed to establish that his specific proposed endeavor has national importance, focusing instead on general industry value rather than prospective impact of his specific work.

Entrepreneur seeking EB-2 with national interest waiver for startup business involving lead-sharing platform and customer development research. AAO rejected claim that endeavor has national importance, finding applicant provided no independent evidence demonstrating how project would impact any locality or nation overall.

A computer software engineer sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor of working as a backend or full stack developer at an unspecified company lacked the national importance required by Dhanasar, as it failed to demonstrate specific national or global implications within the field or substantial positive economic effects.

A trucking company owner sought EB-2 national interest waiver for a specialized vehicle transport business. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance, as petitioner failed to show industry-wide impact or substantial economic effects beyond serving particular clients.

A handball player and sports coach claimed extraordinary ability under EB-1A, asserting eligibility under three criteria. The AAO affirmed that the petitioner met awards and judging criteria but found membership in a Russian federation did not require demonstrated outstanding achievement. Overall, the petitioner failed to establish sustained national acclaim and position at the very top of the field.

Agricultural technician with advanced degree sought NIW for EB-2 to operate halal-certified farm. AAO dismissed appeal because the proposed farm endeavor lacked national importance; it would not significantly employ U.S. workers or extend beyond individual clientele to impact agriculture broadly, despite substantial merit.

An agricultural and construction consultant with an advanced degree sought EB-2 NIW to start a consulting company. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor had substantial merit and national importance, lacking specific evidence of prospective impact beyond serving individual clients.

Judo coach and martial arts company owner sought EB-2 national interest waiver. AAO found petitioner lacked advanced degree qualification and that proposed martial arts coaching endeavor, though meritorious, lacked national importance because its benefits would not extend beyond individual clientele to impact the field broadly.

Human resources specialist sought EB-2 advanced degree classification and national interest waiver to offer consulting services to small and medium companies. AAO held she qualified for EB-2 but failed to establish national importance; endeavor's benefits would not sufficiently extend beyond her clients to achieve broader implications commensurate with national importance.

Interpreter and translator sought EB-2 classification and national interest waiver to establish interpreting and translation company serving hospitals, clinics, insurance brokers, and schools. AAO held proposed endeavor lacked national importance; benefits would not extend beyond prospective clientele to impact field or economy more broadly.

Athlete seeking EB-1A extraordinary ability classification met one of ten criteria but failed to demonstrate at least three. AAO held petitioner did not show sustained national or international acclaim or comparable evidence meeting regulatory standards; major league performance alone insufficient.

A lawyer and entrepreneur sought EB-2 NIW to establish an LLC providing international business consulting and training between Brazil and the U.S. The AAO dismissed because the proposed endeavor lacked national importance: projected employment was modest, regional location and tax contributions insufficient, and training would not extend beyond individual participants to impact the field broadly.

A physician sought NIW for a healthcare services endeavor in Florida. AAO affirmed dismissal because the proposed endeavor lacked substantial merit; vague business plan and voluntary dissolution of the business entity undermined credibility and long-term viability of the specific endeavor.

Computer systems engineer self-petitioner proposed IT consulting and professional training services. AAO dismissed: proposed endeavor lacks national importance under Dhanasar; industry-wide cybersecurity importance does not establish national importance of petitioner's specific consulting services.