Published AAO appeal decisions

Lawyer and privacy professional seeking EB-2 classification with national interest waiver for privacy consulting endeavor. Conceded advanced degree qualification but failed first Dhanasar prong of substantial merit and national importance. AAO found proposed endeavor lacked broader implications beyond individual clients and specific clientele.

A financial technologies researcher with a PhD sought NIW as self-petitioner to start a fintech startup. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite showing substantial merit; benefits were confined to specific employers and clients rather than the field broadly.

Information technology instructor seeking NIW for continued STEM education work. Claimed national importance based on government STEM policy alignment and recognition as top instructor. AAO affirmed denial, finding substantial merit but no national importance; instructor status and top performer recognition insufficient without demonstrating broader impact on IT or STEM education fields.

Environmental scientist and entrepreneur seeking NIW for waste management and residential compost business. Claimed national importance based on job creation and environmental benefits. AAO affirmed denial, finding proposed endeavor lacks national importance; employment of one to four full-time workers and limited revenue insufficient to demonstrate national impact.

IT project manager and entrepreneur seeks NIW for consulting and training business in Florida. Petitioner claimed national importance through STEM workforce development alignment and employment creation. AAO dismissed, finding endeavor lacks demonstrated impact beyond individual clients in large competitive industry.

Industrial and organizational psychologist with U.S. master's degree seeks NIW for EB-2. Claimed her work reducing corporate burnout and improving employee engagement has national importance. AAO held the specific endeavor lacks national importance because it would not extend beyond individual companies to impact the field broadly.

Ophthalmologist seeking EB-2 NIW for clinical refractive and cataract surgery practice. Petitioner established advanced degree and substantial merit but failed to show national importance, as proposed work would affect only individual patients and employers, not ophthalmology field broadly.

CEO seeks EB-2 NIW for stationery, visual communication, and digital printing company. Petitioner claimed exceptional ability and national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; working in an important industry and general business optimization arguments were insufficient without specific evidence of U.S. economic impact.

Cloud infrastructure engineer sought EB-2 with national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance. The work would only benefit a specific employer and would not impact the field broadly, failing the first Dhanasar prong.