Published AAO appeal decisions

Tourism industry professional sought EB-2 national interest waiver for sustainable tourism company. Petitioner established substantial merit and advanced degree eligibility but failed to demonstrate specific endeavor has national importance; general field importance and alignment with climate initiatives insufficient.

Associate professor in computer science seeks EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner satisfied only two of ten evidentiary criteria and lacked sustained national or international acclaim required for classification as one of small percentage at top of field.

Trucking industry manager with advanced degree proposed consulting and training company for trucking businesses. AAO dismissed appeal finding proposed endeavor lacks national importance despite industry's economic significance; services remain limited to individual clients without broader sectoral impact.

Pharmacist and entrepreneur sought EB-2 with national interest waiver to develop wellness business and compounding pharmacy. AAO affirmed denial, finding proposed endeavor failed to demonstrate national importance under Dhanasar; business plan showed growth potential but no evidence of substantial positive economic effects or broader field impact.

An attorney sought EB-2 NIW for a proposed mediation and conciliation company. The AAO affirmed dismissal of motions to reopen, finding the petitioner failed to demonstrate substantial merit and national importance of her specific endeavor, and that she was not well-positioned to advance it beyond industry-wide importance.

Sustainability advisor with advanced degree seeking NIW for EB-2. AAO dismissed, finding petitioner's environmental consulting endeavor lacked national importance under first prong of Dhanasar; endeavor limited to client advisory services without broader industry implications or substantial positive national economic effects.

Entrepreneur in trucking industry sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner did not establish eligibility as advanced degree professional or individual of exceptional ability, lacking sufficient evidentiary criteria and documented work experience.

Business coach seeking NIW to operate coaching company in Florida. Claimed endeavor supports business development. AAO held petitioner failed to establish national importance; endeavor lacked specificity, documentation of existence uncertain, and no evidence demonstrated significant prospective impact.

A financial professional sought a national interest waiver for self-employment in financial consulting. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance because the evidence showed only localized consulting services for a limited clientele without broader field impact or substantial economic effects.

A software engineer sought a national interest waiver to establish a privacy consulting business focused on distributed systems and regulatory compliance. The AAO dismissed the appeal, finding substantial merit but rejecting national importance because the evidence showed only localized business activity without broader field impact or significant employment potential.

A veterinarian assistant proposes opening a veterinary clinic in Texas. The AAO found the endeavor had substantial merit but lacked national importance, as it would serve only local clients without broader field impact. Appeal dismissed under the first prong of Dhanasar.

Entrepreneur with master's degree seeking NIW for antique cargo transport business. AAO affirmed denial because the proposed endeavor lacked sufficient evidence demonstrating national importance; generic industry importance and projected revenue were insufficient to show prospective national-level impact.

Researcher with advanced degree proposes endeavor on mathematical modeling for food safety and water pollution. Petitioner established substantial merit and national importance of proposed research. Failed second prong: published work heavily self-cited, lacking independent recognition from relevant parties needed to show capacity to advance endeavor.

Entrepreneur with hotel and restaurant management degree sought EB-2 national interest waiver for ice cream business venture. AAO dismissed appeal because petitioner lacked five years of progressive post-baccalaureate experience in the specialty; ineligible for underlying EB-2 classification, thus Dhanasar framework not reached.

Franchise business manager sought NIW for consulting company helping franchises scale. AAO dismissed appeal, finding proposed endeavor lacked national importance. Projected employment of four to thirty-one workers and profits of approximately five hundred sixty-two thousand dollars were insufficient relative to industry scale.

An advanced computing researcher claiming extraordinary ability met two criteria (judging, scholarly articles) but failed the original contributions criterion. The AAO found publication in high-impact journals and citation counts alone do not establish major significance without showing comparative ranking to baseline or evidence of major influence in the field. Overall acclaim lacking.

Aircraft maintenance consultant seeking NIW for aviation consulting business. Asserted endeavor would employ U.S. workers, advance aviation education, and support FAA and National Center for Advancement of Aviation objectives. AAO dismissed appeal, finding proposed endeavor lacked national importance despite alignment with national initiatives.

Self-petitioner protective security provider sought EB-1A extraordinary ability classification. AAO held he met only one criterion (high salary) but needed three; remaining claimed criteria failed. Record lacked evidence of sustained national or international acclaim.

A nurse with over ten years of experience sought EB-2 classification with national interest waiver for providing nursing services and teaching. The AAO found substantial merit but dismissed because the proposed endeavor lacks national importance; individual patient care and teaching do not impact the field broadly.

Lawyer seeking EB-2 with NIW to establish consulting firm advising U.S. businesses on Brazilian market entry and law. Petitioner claimed endeavor impacts nationally important issues and employs CRM technology. AAO held endeavor lacks national importance; client-focused consulting does not extend beyond individual firm to impact field broadly.

Economist in oil and gas industry seeking EB-2 with NIW as employee or independent consultant. Petitioner claimed expertise supports U.S. transition to cleaner energy and guides LNG companies. AAO held proposed consultancy does not extend beyond prospective employer or clientele to impact field broadly at national importance level.

A musician sought extraordinary ability classification, and the director found no major internationally recognized award and none of the ten alternative criteria satisfied. The appeal was summarily dismissed because it only made general assertions of error, mistakenly requested a national interest waiver, and repeated earlier submissions without identifying specific errors.

Physical therapist with five years experience proposes return-to-work programs addressing chronic illness and opioid epidemic public health impacts. Claimed national importance from field-level contributions and broader societal welfare. AAO affirmed denial: work limited to individual patient treatment lacks evidence of broader field impact or economic effects at national importance level.

A surgeon in aesthetic medicine sought NIW with advanced degree classification. AAO found the proposed endeavor in aesthetic medicine has substantial merit but lacks national importance because it would only serve individual patients without broader implications for the field or healthcare sector.

Chemical sales engineer and technical consultant seeking EB-2 with national interest waiver claimed substantial merit and national importance based on safety and water quality benefits. AAO affirmed denial, finding insufficient evidence that proposed work would have prospective national impact on field, welfare, or economy.