Published AAO appeal decisions

A lawyer with advanced degrees from Brazil seeks EB-2 classification and national interest waiver. She claimed her work in intellectual property, business law, and animal rights advocacy in Latin America would advance U.S.-Brazil relations and strengthen trade. The AAO found substantial merit but no national importance: her assertions lacked specificity and evidence of measurable economic impact or broader implications beyond general legal practice.

Petitioner sought EB-2 NIW for business consulting startup. Director denied, found advanced degree but no national importance. AAO affirmed: generalized industry information insufficient; specific endeavor lacked national or global implications; job creation claims unsubstantiated.

Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.

A violinist and music instructor sought EB-2 classification as person of exceptional ability and NIW. The AAO dismissed because she failed to meet the three-criterion threshold for exceptional ability: employment letters lacked required form, claimed professional association membership unsubstantiated, and submitted evidence did not show significant contributions to field.

Marketing manager sought EB-2 with national interest waiver. AAO reversed director's prong-one finding and dismissed, holding endeavor lacked national importance and petitioner not well-positioned. Tourism marketing business lacked evidence of significant U.S. economic impact or field-wide advancement.

A clinical laboratory technician seeking EB-2 with national interest waiver claimed ability to serve healthcare professional shortage areas. The AAO dismissed the appeal, finding her proposed endeavor lacks national importance despite STEM field involvement, as she failed to demonstrate the endeavor would have broad field implications or substantial economic effects beyond her business.

Legal analyst and entrepreneur sought EB-2 national interest waiver. AAO dismissed appeal, finding generalized legal consultancy services lacked sufficient national importance; record did not demonstrate prospective impact beyond company and clients to affect legal consulting field broadly.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

Executive manager from Brazil sought EB-2 classification and NIW waiver to establish marketing and graphic company in United States. AAO dismissed appeal because petitioner failed to establish advanced degree equivalent or exceptional ability under EB-2 criteria, making underlying eligibility dispositive.

Legal consultant from Brazil sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, agreeing with director that while proposed endeavor had substantial merit, applicant failed to establish national importance because general legal consulting lacked demonstrated prospective impact on field or economy.

Nurse seeking EB-2 with national interest waiver based on proposed specialized nursing work in hyperbaric oxygen therapy and ICU care. AAO held petitioner lacks advanced degree and proposed endeavor lacks national importance because benefits would not extend beyond her employer and coworkers to impact the nursing field broadly.

A financial manager sought EB-2 with national interest waiver for self-employment in financial planning and analysis. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because benefits would not extend beyond her future employers and customers to impact the broader financial management industry.

A human resources director sought an EB-2 national interest waiver for a proposed HR consulting company. The AAO affirmed denial because the specific endeavor lacked national importance, as evidence showed only local company and client benefits without substantial national economic effects.

Fashion designer seeks EB-2 advanced degree professional with national interest waiver for sustainable bespoke design practice. AAO found petitioner qualified for underlying EB-2 classification but failed first Dhanasar prong: proposed production model not sufficiently innovative. Appeal dismissed.

Information technology specialist and entrepreneur sought EB-2 NIW to operate her own company. AAO held specific proposed endeavor lacked national importance under Dhanasar despite STEM field and claimed critical infrastructure alignment; revenue and employment projections insufficient.

Electrical technician sought EB-2 exceptional ability and national interest waiver. Petitioner met only one of six exceptional ability criteria (academic record); failed on work experience, licensure, and salary. Failed first prong of Dhanasar test by not establishing national importance of proposed endeavor. Appeal dismissed.

Information technology consultant seeks EB-2 NIW. Claimed proposed endeavor has national importance through job creation and industry growth. AAO found endeavor lacks national or global implications and fails to show broader field impact, rejecting the national importance prong; appeal dismissed.

Martial arts entrepreneur seeks EB-2 NIW. Did not establish EB-2 eligibility as advanced degree professional or exceptional ability individual, meeting only two of six criteria. AAO found proposed endeavor lacks national importance and teaching would not impact field broadly; appeal dismissed.

Substance abuse rehabilitation coach seeking NIW for EB-2. AAO dismissed appeal because petitioner failed to meet antecedent requirement of advanced degree professional classification as of petition filing date. NIW analysis was not reached as unnecessary to ultimate dismissal.

An occupational therapist and entrepreneur from Brazil seeks NIW for EB-2 to establish a rehabilitation clinic. She met the advanced degree requirement but failed to demonstrate national importance of her specific proposed endeavor, only showing substantial merit. The AAO affirmed dismissal.

Self-petitioner attorney sought EB-2 NIW for proposed international business consulting and maritime law endeavor. Submitted curriculum vitae, recommendation letters, credentials, and industry reports. AAO held proposed endeavor did not demonstrate national importance; petitioner misunderstood Dhanasar framework by emphasizing past performance rather than specific endeavor impact.

Psychologist self-petitioner claimed national interest waiver for proposed multidisciplinary team providing services to vulnerable youth addressing homelessness. AAO held petitioner failed first Dhanasar prong: showed youth homelessness is nationally important but not that her specific endeavor has prospective impact or differs from existing solutions; lacked business plan and specific operational details.

Accounting and tax specialist sought self-petitioner NIW to work with small and medium businesses on compliance and strategic financial planning. AAO agreed endeavor has substantial merit but found no national importance because petitioner failed to demonstrate broader implications beyond his own clients or impact on accounting field.

A soccer coach holding an advanced degree sought NIW. The AAO affirmed dismissal because the petitioner's specific proposed endeavor lacked national importance. While youth sports have merit, the coaching and consulting business lacked evidence of broader implications, substantial economic effects, or impact beyond the specific clients and participants.