Published AAO appeal decisions

Entrepreneur with power engineering and process automation expertise seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed to establish national importance of proposed endeavor. Decision held that general assertions regarding job growth and emissions reduction lack sufficient corroborating evidence.

Cybersecurity researcher seeks EB-2 NIW. Claimed field importance and connection to national cybersecurity interests establish national importance of proposed research. AAO dismissed, holding national importance requires prospective impact on field more broadly; research focused on completing doctorate lacks defined, nationally important employment endeavor.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

An aviation professional claiming exceptional ability under EB-2 failed to satisfy three of six regulatory criteria; AAO dismissed appeal and reserved NIW prongs. Petitioner did not establish sufficient recognition for achievements and contributions in aviation field.

Doctoral research scientist in chemistry sought EB-2 with national interest waiver for research in cancer treatment and heavy metal recovery. AAO dismissed because petitioner failed to delineate specific proposed future endeavor; generalized claims about contributions without detailed expert letters or government entity corroboration regarding prospective national impact were insufficient.

Marketing specialist sought EB-2 national interest waiver classification. Petitioner had advanced degree but failed to establish proposed endeavor's substantial merit and national importance under first Dhanasar prong. AAO found personal qualifications immaterial to national importance analysis, which focuses on specific prospective endeavor, not field or profession.

A nanofluid engineer met three initial EB-1A criteria (judging, original contributions, scholarly articles) but failed final merits. The AAO found his publication record (two papers, 2,400 citations, inactive since 2010) does not establish him among the very top researchers relative to peers, and lacks sustained acclaim.

Digital marketing entrepreneur seeks EB-2 with NIW based on self-petition. Claimed proposed endeavor has national importance through expanding online marketing business and economic growth. AAO held first prong unmet: business plan lacks corroborating evidence of broader industry impact, substantial job creation, or substantial positive economic effects.

Entrepreneur seeks EB-2 with NIW for financial and pricing consulting startup. Claimed endeavor would elevate industry standards and create regional jobs. AAO held first prong unmet: generalized statements without objective evidence; business projections lack substantiation of national economic benefits or field transformation.

Legal consultant sought EB-2 with national interest waiver for legal consulting services. Advanced degree qualification accepted. AAO held proposed endeavor lacked national importance because consulting benefits were limited to prospective employers and clients without broader economic or industry impact.

IT specialist proposes establishing technical solutions consultancy for small business clients in accounting, finance, and operations. Petitioner claimed national importance through job creation and economic development. AAO held the endeavor lacks national importance because impact limited to individual clients, not industry-wide.

An entrepreneur with a physical therapy business sought EB-2 NIW claiming her online company would generate substantial economic effects and contribute to field development. The AAO dismissed, finding generalized assertions about economic growth lacked direct evidentiary connection to the specific proposed endeavor's prospective impact.

Petroleum engineer seeking NIW for self-founded oil and gas consulting company in Texas. Claimed national importance based on industry significance and business plan. AAO dismissed appeal, finding the specific proposed endeavor lacks national importance; local B2B consulting with eight employees insufficient for waiver.

Surveyor seeking NIW for surveying services consulting company. Argued endeavor addresses national surveyor shortage and supports construction industry. AAO dismissed appeal, finding proposed endeavor lacked national importance despite industry challenges; specific endeavor insufficient to establish broader implications.

A training consultant proposed operating a firm addressing IT and STEM workforce shortages through training and subcontracting services. The AAO dismissed the appeal, finding petitioner failed to establish national importance despite addressing general labor market needs, lacking evidence that one firm would impact the industry broadly or generate substantial economic benefits.

CEO seeking EB-2 classification and waiver for agribusiness consulting business development work. AAO dismissed appeal finding the specific proposed endeavor lacks national importance because services would benefit only individual clients without demonstrating broader industry or economic impact.

Entrepreneur with advanced degree sought national interest waiver to establish management consulting firm for law firms and businesses. AAO held the proposed endeavor has substantial merit but lacks national importance because it lacks demonstrated substantial economic benefits or broader field impact beyond individual clients.

IT specialist seeks NIW for consultancy business in computer systems management. Petitioner claimed national importance through job creation and economic effects. AAO dismissed appeal, finding proposed endeavor lacks demonstrated national impact beyond serving individual clients despite operating in important field.

High technology consultant seeking EB-2 with NIW claimed endeavor had substantial merit and national importance. AAO held proposed predictive maintenance and artificial intelligence consulting services lacked sufficient evidence of significant economic benefits or broad impact beyond company clientele.

A designer specializing in brand creation sought EB-2 NIW claiming his services would elevate brand identity across industries. The AAO dismissed the appeal, adopting the director's finding that petitioner failed to demonstrate national importance of his specific proposed endeavor, lacking sufficient evidence of innovation or economic impact beyond prospective clients.

Economist self-petitioner sought EB-2 NIW for economic policy work. Director approved underlying EB-2 but denied NIW on national importance. AAO agreed; petitioner failed to submit documentary evidence that specific work would impact field broadly or have national importance beyond employer.

Self-petitioner entrepreneur seeking EB-2 NIW for software development and cloud computing startup. Claimed endeavor aligned with national technology and workforce initiatives. AAO found substantial merit but no national importance; company lacks demonstrated significant potential for broad economic effects, employment creation, or impact beyond its immediate clientele.

Real estate professional with industry experience seeks EB-2 with national interest waiver for real estate development business. AAO dismissed because proposed endeavor lacks national importance; petitioner relied on general foreign direct investment benefits applicable to any real estate professional rather than demonstrating specific extraordinary impact.

An IT entrepreneur sought EB-2 classification with a national interest waiver for his information technology consulting company. The AAO dismissed the appeal because the proposed endeavor lacked sufficient evidence of national importance and broader implications beyond the company's specific clientele.

Logistician proposing supply chain services business in New York seeks NIW. Claimed national importance through industry significance and employment growth projections. AAO dismissed, finding no showing that specific endeavor broadly influences field or generates substantial economic effects beyond direct clients and employees.