Published AAO appeal decisions

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

A mathematician with a Ph.D. sought an EB-2 national interest waiver for mathematical research with government initiative alignment. The AAO agreed the proposed endeavor meets the first Dhanasar prong but found the petitioner is not well-positioned to advance it due to unclear employment status, unclear research duties, and insufficient evidence of available funding and institutional support.

Health services manager with advanced nursing degree seeking EB-2 classification and NIW for proposed healthcare business claimed national importance based on federal alignment, job creation projections, and revenue forecasts. AAO found proposed endeavor lacks national importance because benefits do not extend beyond individual patients to impact healthcare field broadly.

Ph.D. civil engineering student sought EB-2 with national interest waiver for railway safety and cybersecurity work. AAO dismissed, finding the proposed endeavor insufficiently defined through multiple inconsistent characterizations; petitioner's actual employment plans contradicted stated endeavor, preventing assessment of national importance.

Petitioner appealed dismissal of motion to reopen and reconsider prior NIW denial. AAO held appeal concerns only procedural motion dismissal not underlying petition denial; petitioner waived substantive arguments by not appealing original denial and failing to articulate legal error in motion dismissal.

An EB-2 applicant seeking national interest waiver filed a third motion to reconsider after prior dismissals. The AAO dismissed the motion because petitioner merely disagreed with conclusions without identifying legal or policy errors as required for reconsideration. Underlying petition remained denied.

Energy policy analyst with master's degree sought EB-2 with national interest waiver to research energy policy reforms. The AAO dismissed the appeal because the petitioner failed to establish the proposed endeavor has national importance, lacking concrete evidence of economic impact, employment creation, or differentiated methodology from existing research.

Computer engineer with master's degree seeks NIW for research in advanced computational models, brain-machine interfaces, and smart sensors. AAO found proposed endeavor has substantial merit but lacks demonstrated national importance or evidence of impact on healthcare, neurotechnology, agriculture, or public health fields.

A self-petitioner proposes directing volleyball and soccer classes for low-income children. AAO affirmed service center revocation, finding proposed endeavor lacks national importance; offering youth sports to specific populations does not extend broader implications to industry, region, or nation required by Dhanasar.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

Automotive engineer sought EB-2 NIW for autonomous vehicle research and development. AAO dismissed appeal because petitioner provided only broad, general claims without a specific, detailed proposed endeavor required under Dhanasar framework.

Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

Infrastructure specialist proposed IT consulting firm offering system design, project management, and cybersecurity services. Sought EB-2 NIW but petitioner failed to establish specific endeavor had national importance beyond potential client benefit. AAO dismissed, finding insufficient prospective impact on IT field or economy.

Assistant professor of Arabic languages seeks waiver based on language instruction and curriculum development supporting military personnel readiness. Claimed endeavor involves research on cross-cultural communication and specialized translation. AAO dismissed appeal, finding proposed endeavor has commendable ambitions but lacks documented prospective impact rising to national importance.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.