Published AAO appeal decisions

Software and web developer with Brazilian bachelor's degree sought EB-2 advanced degree, exceptional ability, and NIW for malware detection AI platform. AAO affirmed denial: insufficient post-baccalaureate experience and unmet exceptional ability criteria; NIW not reached.

Entrepreneur seeking NIW for retail shoe store business with supply chain focus. AAO dismissed because petitioner failed to establish national importance: proposed sale of shoes lacked broader implications for supply chains at national level, and job creation projections did not demonstrate prospective economic effects commensurate with national importance.

Family relationship coach seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite having substantial merit and petitioner being well-positioned to advance it, because coaching families and training providers would not impact the field broadly as required by Dhanasar.

A petitioner sought EB-2 with national interest waiver for operating a water rescue training facility for law enforcement. AAO affirmed denial, finding the endeavor has substantial merit but lacks national importance. Petitioner failed to show broader industry impact or substantial economic effects beyond his own work.

A hairstylist sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed the appeal because petitioner failed to meet the underlying EB-2 exceptional ability requirements, satisfying only two of six regulatory criteria. National interest waiver analysis was not reached.

School owner and educator seeking EB-2 with national interest waiver based on proposed consulting company. AAO held petitioner failed first Dhanasar prong because proposed endeavor lacks national importance; generalized education publications do not demonstrate broader implications required for eligibility.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. Claimed endeavor would address nursing shortages and healthcare crisis. AAO dismissed, finding the specific endeavor lacked national importance and petitioner was not well-positioned to advance it due to inadequate funding demonstration.

Project manager with ERP and IT expertise sought NIW, claiming endeavor would streamline U.S. company operations. Advanced degree professional qualified for EB-2. AAO dismissed because proposed project management services lacked national importance; benefits would be employer-specific without broader industry impact or substantial positive economic effects.

Entrepreneur in business development seeks NIW under EB-2 advanced degree or exceptional ability for cellphone accessory business. AAO affirmed denial: business lacks national importance despite employment and tax projections; employment figures insufficient to show substantial impact on regional or national job creation.

Home health aide with foreign degree in biology and entomology sought EB-2 advanced degree classification and NIW. AAO affirmed denial: degree unrelated to specialty, insufficient progressive experience, and proposed endeavor lacks national importance beyond community scope.

Entrepreneur with advanced degree sought NIW to work as general operations manager in real estate. AAO found petitioner failed to establish the proposed endeavor has national importance and made conflicting statements about its focus. Appeal dismissed as petitioner did not adequately contest Director's adverse finding on first prong.

Medical researcher sought EB-2 with national interest waiver to write books and establish research institute. AAO dismissed, finding willful misrepresentation through plagiarized documents. Endeavor also lacked national importance; STEM field importance alone insufficient without broader impact demonstration.

Petitioner seeking EB-2 with national interest waiver based on claimed exceptional ability. AAO held petitioner failed to establish exceptional ability categorical eligibility and adopted director's finding that inconsistent representations obscured proposed endeavor nature, preventing evaluation of national interest.

Athletic training entrepreneur seeks EB-2 advanced degree professional with national interest waiver for specialized physical training firm. AAO found petitioner qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks national importance. Appeal dismissed.

Construction entrepreneur seeking EB-2 national interest waiver. Claimed two decades of business experience and economic ripple effects demonstrate national importance. AAO held that first prong focuses on proposed endeavor itself, not petitioner's skills or execution; no evidence of national importance or broader implications required.

A telecommunications engineer and electronics specialist proposed advancing telecommunications technology solutions. The AAO dismissed the appeal, finding the petitioner provided insufficient evidence of specific endeavor scope, failed to distinguish from existing solutions, and lacked expert letters demonstrating national implications distinct from general field importance.

Construction and trucking entrepreneur sought NIW to expand company in Florida, creating 90 jobs in economically challenged counties. AAO dismissed appeal; although proposed work has substantial merit, it lacks national importance because it impacts specific company and clients, not the industry or field more broadly.

Chef and entrepreneur seeking EB-2 with NIW for healthy food restaurant and nutrition consulting business in Florida. AAO found substantial merit in health-focused entrepreneurial endeavor but no national importance; business lacks significant employment potential or economic effects to demonstrate national-level impact.

A mechanical engineer/entrepreneur seeks EB-2 classification and national interest waiver to open a microbrewery in New Jersey focused on sustainable brewing practices and equipment optimization. He claimed promotion of independent brewers and environmental innovation. The AAO found he did not establish national importance: no concrete evidence of prospective economic impact, employment generation, or meaningful industry-wide influence.

Telecommunications engineer seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish that his specific proposed endeavor has national importance; expertise and prior achievements insufficient to demonstrate prospective impact of the particular work itself.

Insurance consultant with advanced degree sought national interest waiver for EB-2 petition. AAO reversed Director's finding on substantial merit but upheld denial on national importance, finding no evidence the consulting business would substantially impact U.S. economy or employment.

A systems engineer proposed developing novel technological platforms for virtual mental health services, claiming alignment with national public health objectives. The AAO dismissed the appeal, finding insufficient evidence that the specific endeavor differs from existing solutions, lacks expert corroboration of national government interest, and lacks detailed prospective impact documentation.

A professional sought EB-2 with NIW to establish a freight transportation company proposing to employ 20 workers. The AAO dismissed, finding insufficient evidence of national importance. The proposed endeavor would benefit specific customers and local employment without demonstrating broader implications for the transportation field.

Entrepreneur in forest nurseries and environmental conservation sought EB-2 NIW. AAO dismissed appeal, finding the proposed forest restoration endeavor has substantial merit but lacks national importance because petitioner did not demonstrate sufficient prospective impact beyond the field's inherent importance.

Medical assistant with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal on independent grounds: medical assistant position does not meet the statutory definition of profession; additionally, proposed endeavor lacked national importance as it would not impact medical field broadly.