Published AAO appeal decisions

Inventor and entrepreneur seeking EB-2 NIW claimed patent applications and competition wins as evidence. AAO held petitioner failed to establish exceptional ability under regulatory criteria and did not qualify for EB-2 classification, so NIW eligibility was not reached.

A self-petitioner seeking EB-2 national interest waiver as entrepreneur proposed an after-school bilingual childcare program. The AAO dismissed the appeal, finding the endeavor lacked national importance: generalized evidence about education and bilingualism did not establish how this specific startup would have broader field implications or substantial economic effects.

Pharmacist and entrepreneur sought NIW to operate business providing parenteral nutrition products. AAO affirmed denial, finding petitioner failed to describe proposed endeavor with sufficient specificity and provide corroborating evidence that business activities would achieve substantial national economic impact.

Image strategist and personal stylist entrepreneur sought EB-2 national interest waiver. AAO affirmed denial, finding the proposed fashion business had substantial merit but lacked national importance, as it would not impact the fashion field broadly and showed no nationally significant economic or social benefits.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Art teacher with seventeen years experience sought EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; waiver analysis was reserved and not decided.

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

A pilot with advanced degree sought NIW claiming pilot shortage and aviation industry importance. AAO held the proposed endeavor lacked national importance because working in an important field is insufficient and petitioner did not show how individual work would significantly impact the industry or economy broadly.

A marketing specialist sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five of six exceptional ability criteria on appeal. The AAO found only the degree criterion met, since experience, salary, membership and recognition evidence fell short, and so reserved the Dhanasar analysis and dismissed the appeal.

A statistics researcher proposing to develop predictive models for cybersecurity and data analysis sought NIW. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance under Dhanasar's first prong, as it would not impact the field broadly.

Food industry management consultant and chef sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish exceptional ability under any EB-2 criterion and did not establish national importance of proposed endeavor; business impact limited to own company.

Personal financial adviser seeking NIW claimed his endeavor of advising clients on finances has national importance. AAO held the endeavor lacks national importance because benefits are limited to individual clients and do not extend to broader field or economy.

Production engineering consultant sought self-petitioner NIW for startup. Claimed substantial merit and national importance through job creation and business efficiency improvements. AAO found substantial merit but rejected national importance because projected 22 employees and revenue had insufficient demonstrated broader impact on national economy or engineering field.

Accounting consultant seeking NIW to operate consulting business in Florida. Claimed endeavor supporting small-medium enterprises has national importance. AAO held the proposed endeavor lacked demonstrated national importance; general field importance and personal experience insufficient without showing specific prospective impact.

Airport operations specialist sought EB-2 exceptional ability classification and NIW. AAO affirmed director's denial, finding petitioner failed to meet required exceptional ability criteria: no professional certifications despite listing 41 courses, inconsistent job title and unclear salary comparison, unsupported membership claims, and insufficient recognition for contributions. NIW analysis reserved as dispositive EB-2 ineligibility.

An HR specialist seeks NIW for a self-directed HR consulting business. The AAO dismissed the appeal, finding the endeavor lacks national importance because the petitioner provided no corroborating evidence that benefits extend beyond immediate customers to enhance broader societal welfare or regional economies.

Self-petitioner quality control analyst and entrepreneur in pet apparel sought EB-2 NIW. Submitted business plan, experience records, and recommendation letters. AAO found endeavor had substantial merit but lacked national importance; claimed job creation and economic benefits were not corroborated; industry importance differs from specific endeavor importance.

Operations manager and entrepreneur in document management sought EB-2 exceptional ability and NIW. AAO affirmed denial: did not meet three required exceptional ability criteria and proposed endeavor lacks national importance; NIW not reached.

Airline captain and flight instructor sought NIW classification claiming pilot shortage demonstrates national importance. AAO held proposed work lacks required national importance because it would not impact the field broadly or demonstrate significant potential to employ workers or provide substantial economic effects beyond the employer.

Self-petitioner in event planning and ethnic supermarket business claims national interest waiver under EB-2. AAO affirmed denial: endeavor has substantial merit but lacks evidence of national importance. Proposed services insufficient to demonstrate prospective impact meeting national importance standard.

An entrepreneur and finance manager in hospitality consulting sought an EB-2 national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because it would benefit only her clients without broader field impact or demonstrated substantial positive economic effects.

Self-petitioner, entrepreneur in mining consulting, sought NIW for proposed endeavor serving mining companies. Claimed business plan, contracts, and opinion letters establish national importance. AAO dismissed appeal because record did not show specific endeavor has national importance; focused on generalized industry information rather than substantive impact beyond petitioner's prospective company.

Entrepreneur and financial markets professional sought NIW under EB-2 advanced degree as chief economist for digital currency exchange. AAO dismissed, finding the endeavor has substantial merit but fails the national importance element of Dhanasar's first prong, reserving analysis of remaining prongs.