Published AAO appeal decisions

An architect qualified as advanced degree professional seeks NIW for EB-2 proposing sustainable design and architecture work with training offerings. AAO found petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; general importance of sustainable architecture field insufficient, dismissing appeal.

Business administrator and entrepreneur in auto parts company sought EB-2 with national interest waiver. Did not establish exceptional ability for underlying EB-2 classification, making waiver ineligible. AAO dismissed appeal without addressing Dhanasar prongs.

A barber and barber instructor sought EB-2 national interest waiver for a barbershop and barber school business. The AAO affirmed denial on two grounds: the applicant failed to meet three evidentiary criteria for exceptional ability status, and the proposed endeavor lacked national importance as required by Dhanasar.

Process engineer and entrepreneur self-petitioner proposed general business consulting services to small/medium companies. AAO dismissed: consulting endeavor lacks national importance; projected fourteen jobs and revenue do not establish substantial economic effects; benefits confined to individual clients, not field-wide.

Self-petitioner aspiring franchise broker sought EB-2 NIW. Claimed experience in automotive repair and past franchisee involvement qualified him to operate franchise brokerage targeting foreign investors. AAO held proposed endeavor lacked sufficient evidence of national importance; petitioner's niche background did not demonstrate positioning to advance multi-industry franchise brokerage.

An entrepreneur in aviation supply seeks EB-2 NIW to develop military aircraft spare parts. The AAO found her MBA qualified her as advanced degree professional and the endeavor had substantial merit, but dismissed because she failed to demonstrate national importance. She relied on industry importance rather than showing specific broad impact of her particular business.

Soccer coach and entrepreneur sought EB-2 classification as individual of exceptional ability and national interest waiver under Dhanasar. AAO found substantial merit but dismissed appeal because proposed endeavor lacked national importance; it would not impact athletics field broadly or provide sufficient economic benefits to rise to national importance level.

Business owner and performer in events and theater seeking EB-2 NIW. Claimed national importance based on advancing children's social and emotional development in education. AAO found endeavor lacked demonstrated national importance and specific impact on claimed educational problems, affecting only direct clients without broader industry implications.

Physical therapist and aesthetician sought EB-2 exceptional ability with NIW. AAO dismissed because petitioner failed to meet three of six evidentiary categories: no ten years full-time employment documentation from employers, no salary evidence, no recognition for achievements. Ineligible for underlying EB-2 classification.

An information technology entrepreneur seeks NIW for a software update company expected to create jobs and provide training. Claimed national importance based on job creation and training. AAO dismissed appeal, finding proposed endeavor lacks national importance; business projections unsupported by evidence and training impact not shown to have broader implications beyond participants.

Entrepreneur seeks EB-2 with national interest waiver for proposed sales training company. Claimed endeavor has substantial merit and national importance benefiting economy and addressing labor shortages. AAO held specific endeavor lacks national importance; generic business activities and references to industry importance insufficient without demonstrating broader field implications.

Entrepreneur in toy sales and rental business sought EB-2 classification as individual of exceptional ability and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six criteria; Dhanasar framework analysis was reserved.

Entrepreneur in business consulting sought EB-2 national interest waiver. Petitioner demonstrated advanced degree eligibility but failed to establish national importance of proposed business venture, showing only unsupported testimonial claims lacking broader field implications or economic evidence.

Entrepreneur seeking NIW for corporate event production consultancy in Florida. Claimed substantial merit and national importance but failed to demonstrate that the specific endeavor would impact the field broadly or produce substantial economic effects beyond basic local business activity.

Entrepreneur in aesthetic and cosmetic nursing seeking NIW for EB-2. Claimed her proposed clinic would have national importance and benefit U.S. healthcare. AAO held endeavor lacks national importance because it benefits only her clinic patients, not the field broadly, and business plan lacks sufficient evidence of broader impact.

A vocational counselor and entrepreneur seeking EB-2 with national interest waiver. Claimed endeavor would help individuals enter workforce sustainably. AAO dismissed, finding the proposed work lacked national importance because it relied on the importance of the field rather than demonstrating specific endeavor impact beyond local scope.

Trade specialist seeks EB-2 with national interest waiver. Claimed proposed international trade consulting endeavor has substantial merit and national importance. AAO held endeavor lacks national importance because individual consulting to small businesses, though in important field, does not demonstrate broader implications needed for waiver.

Attorney sought EB-2 NIW for sustainable investment and renewable energy work. Initial proposal for legal/tax expertise in private equity shifted to biogas distributor ownership during RFE response. AAO dismissed: Dhanasar framework cannot apply to inconsistently articulated endeavors; petitioner's multiple reversals prevented evaluation of merit and national importance.

A business manager in transport administration sought NIW classification for EB-2. The AAO dismissed the appeal, holding that while the proposed endeavor has substantial merit, it lacks national importance because the record shows no broader implications for the industry, significant employment potential, or substantial positive economic effects beyond specific employers.

A general and operations manager sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance under Dhanasar because it failed to demonstrate how services would impact the field broadly, have significant employment potential, or produce substantial economic effects beyond specific employers.

An inventor and entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial because petitioner failed to meet three of six exceptional ability criteria and lacked ten years full-time experience. Without EB-2 eligibility, NIW was unreachable and petition remains denied.

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore reserved and not decided.

Medical technologist seeking NIW for diagnostic testing quality control work. Claimed endeavor has national importance due to field significance and pandemic impact. AAO held endeavor has substantial merit but lacks national importance; petitioner confused field importance with specific endeavor impact and provided no evidence of broader implications.

A former professional soccer player in Brazil seeks NIW for EB-2 as individual of exceptional ability to establish soccer development business. Petitioner claimed six evidentiary criteria for exceptional ability. AAO found petitioner fails to meet exceptional ability requirements and does not establish national importance of proposed endeavor under Dhanasar first prong, dismissing appeal.

Executive and business owner seeking NIW claimed his beverage manufacturing and distribution endeavor addresses obesity and has national importance. AAO held the endeavor lacks national importance because it would not demonstrate broad benefits or economic impacts beyond specific business operations.