Published AAO appeal decisions

Entrepreneur owning a Florida business with advanced degree in finance seeks NIW for EB-2 classification. Petitioner claimed his endeavor to support small businesses and train single mothers has national importance. AAO found substantial merit but dismissed because the specific endeavor lacks national importance; general economic activity in business field insufficient.

An entrepreneur seeking EB-2 with national interest waiver for an IT consulting business. Claimed the venture would create 43 jobs in economically depressed areas. AAO dismissed, finding the business plan lacked credible projections and the proposed endeavor's economic impact did not rise to national importance.

A financial administrator seeking EB-2 with national interest waiver claimed advanced degree or exceptional ability status. The AAO dismissed the appeal, finding the petitioner failed to establish EB-2 eligibility itself, lacking required advanced degree credentials and meeting insufficient exceptional ability criteria, so Dhanasar analysis was not reached.

Information security consultant self-petitioner claimed national interest waiver for self-employment consulting. AAO held proposed endeavor lacks national importance under Dhanasar: general cybersecurity importance insufficient; projected seven jobs inadequate; no evidence of broader field impact beyond individual clients.

Nurse practitioner specializing in hospital infection control sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Proposed endeavor lacks national importance; standard clinical nursing work lacks broader implications or demonstrable substantial economic impact.

Organ transplant coordinator with master's degree sought EB-2 advanced degree and national interest waiver to work on transplant teams. AAO found substantial merit in proposed endeavor but no national importance; individual transplant coordination role lacks broader prospective impact required.

ESL teacher with master's degree seeks EB-2 national interest waiver. Petitioner claimed teaching is substantial merit and nationally important. AAO held proposed endeavor lacks national importance; teaching activities would not extend beyond individual students to impact field broadly.

A business and content manager specializing in travel entrepreneurship sought NIW for EB-2 classification. The AAO affirmed dismissal, finding substantial merit but no national importance because his company's tourism services lacked sufficient scale or demonstrated impact on economically depressed areas.

Entrepreneur with recent foreign degree sought EB-2 NIW for independent logistics business venture. AAO dismissed appeal, finding applicant lacked advanced degree or exceptional ability status and proposed endeavor lacked national importance, with only incremental economic benefits.

Accountant sought EB-2 NIW for financial literacy business endeavor. AAO affirmed Director's denial, finding the proposed endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate impact beyond her organization and did not adequately address specific Director findings.

Computer user support specialist seeking national interest waiver for EB-2 classification. Petitioner claimed national importance based on STEM field priority and IT labor shortage. AAO dismissed because generalized information about IT field does not establish national importance of specific endeavor to advance IT career.

A marketing consultant with advanced degree sought EB-2 NIW to establish marketing consultancy in the United States. The AAO found substantial merit but dismissed because she failed to show national importance. Her fifth-year revenue and employment projections were insufficient; focus must be specific endeavor impact, not field importance.

Industrial engineer sought NIW to operate independent consulting business serving manufacturing and related industries. AAO affirmed denial, finding no evidence the specific endeavor would meaningfully impact targeted industries or demonstrate substantial economic effects at national level.

An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

A logistician seeks exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not contest the director's finding that he failed to establish EB-2 eligibility, forfeiting the issue on appeal and making NIW analysis unnecessary.

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

Pilot with eleven years aviation experience seeking NIW claimed his work would generate positive economic impact and address labor shortages. AAO held the endeavor lacks national importance because working as pilot does not demonstrate broader field implications or substantial prospective economic effects.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.

Automobile repair and rental shop manager seeks NIW for EB-2 classification as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but satisfied only one: ten years experience. AAO dismissed because petitioner failed to meet minimum threshold of three criteria; NIW analysis reserved as ineligible for underlying EB-2 classification.

Industrial engineer proposing multidisciplinary real estate and construction engineering company. Failed to establish that the specific endeavor would substantially impact the field more broadly or produce significant employment or economic effects at a level commensurate with national importance.

Entrepreneur proposes boat-building business in economically depressed area, seeking EB-2 exceptional ability or advanced degree classification and NIW. AAO affirmed denial because endeavor lacks national importance; local job creation and economic contribution insufficient without industry-wide advancement.

Chemical engineer sought EB-2 classification and NIW waiver to consult for U.S. cosmetics companies on product formulation. AAO dismissed appeal, affirming Director's finding that proposed endeavor lacked national importance, despite petitioner arguing Director failed to discuss all evidence submitted.