Published AAO appeal decisions

CEO sought EB-2 exceptional ability with national interest waiver. AAO held petitioner met only one of six regulatory criteria for exceptional ability; failed to establish ten years experience, relevant licensure, comparative salary evidence, qualifying membership, or achievements; could not proceed to NIW analysis.

Commercial pilot sought EB-2 with national interest waiver. AAO held petitioner lacked requisite advanced degree or bachelor's degree equivalent and failed to demonstrate national importance of proposed work as pilot and instructor, lacking evidence of industry-wide impact.

Entrepreneur with nursing background in medical device sales seeks NIW. Claimed medical sales endeavor has national importance despite prior success and field contributions. AAO dismissed, finding no showing of broader field implications, scientific advancement, or substantial economic effects beyond direct service recipients.

Environmental consultant with advanced degree sought NIW for EB-2. First prong established but failed second prong: no demonstrated environmental consulting skills, business formation steps, or evidence of customer interest despite business plan and language fluency. Appeal dismissed.

An information security analyst sought EB-2 with NIW based on advanced degree status and proposed endeavor. The AAO dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification; foreign credential evaluation lacked probative value and did not demonstrate equivalency to U.S. bachelor's degree, so NIW analysis was not reached.

Entrepreneur in wallpaper industry seeking EB-2 NIW presented inconsistent proposed endeavors: wallpaper business and finance treasurer role. The AAO dismissed the appeal because petitioner failed to consistently describe the specific proposed endeavor, preventing assessment of substantial merit and national importance.

An accountant with advanced degree sought EB-2 NIW to expand an accounting firm serving multilingual communities across Massachusetts, Florida, and Georgia. The AAO dismissed because serving individual clients lacks national importance; projected eighteen employees and profits insignificant relative to the 144.5-billion-dollar industry.

Entrepreneur in accounting/business qualified as advanced degree professional but failed NIW. Motion to reopen and reconsider dismissed because Petitioner offered previously submitted arguments without new evidence showing national importance or substantial positive economic effects.

A water polo coach sought EB-2 NIW to establish a water polo club in Georgia. The AAO found the endeavor had substantial merit but lacked national importance because projected employment of one coach and modest revenue did not demonstrate significant economic impact or broader field implications.

A financial manager consultant claimed EB-2 classification as individual of exceptional ability and sought NIW. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability; she did not meet three criteria and lacked expertise significantly above ordinary levels in her field.

Entrepreneur in finance seeks EB-2 NIW to establish independent financial advisory firm. Petitioner claimed substantial merit and national importance but provided conflicting descriptions of the proposed endeavor across petition, business plan, and appeal brief. AAO dismissed appeal because inconsistencies preclude establishing that the endeavor has substantial merit and national importance.

Healthcare lobbying specialist in Brazil seeks EB-2 NIW. Claimed STEM field designation and pharmaceutical economics focus establish national importance. AAO dismissed, finding proposed endeavor lacks prospective impact on industry or economy beyond client work; STEM designation alone insufficient without demonstrated broader field impact.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

A pastor sought NIW classification for a pastoral counseling firm in Pennsylvania. The applicant claimed substantial social and cultural value. The AAO found the endeavor had substantial merit but lacked national importance, finding no evidence of broader field impact, job creation potential, or substantial economic effects beyond specific clients.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.

A legal analyst and entrepreneur sought NIW under Dhanasar, claiming advanced degree status and national importance of proposed legal consulting business. AAO dismissed because proposed endeavor lacked broader implications beyond company clientele; no substantial positive economic effects at national level demonstrated.

A nutritionist sought EB-2 national interest waiver for clinical pediatric nutrition work. The Director found the underlying EB-2 qualification established. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar prong one, requiring prospective impact beyond specific employers and patients.

An architect-type professional sought extraordinary ability classification, claiming eight of the ten evidentiary criteria. The AAO agreed with the Director that the claimed awards, membership, published material and original contributions criteria were not satisfied, so the three-criterion threshold was not met and the appeal was dismissed.

An entrepreneur with advanced degrees in finance and business sought EB-2 classification and a national interest waiver. The AAO affirmed denial, finding the proposed financial consulting and training endeavor lacked demonstrated national importance; general alignment with government priorities was insufficient.

Information specialist claims EB-2 exceptional ability and national interest waiver for DevOps and database management work. AAO held petitioner failed to establish national importance of proposed endeavor; lacks sufficient evidence connecting work to prospective U.S. economic benefits or job creation.

Musician and vocal artist with recent bachelor's degree sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met at least three criteria but failed final merits determination; record does not demonstrate sustained national or international acclaim or placement among small percentage at top of field.

Speculative designer claimed seven extraordinary ability criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and artistic display). Award lacked international recognition documentation, article published in non-major media, and leading role was contract work lacking organizational distinction. Overall evidence did not establish upper-echelon status.

Healthcare administrator seeking NIW for EB-2 to work in healthcare facilities and create consulting company. Claimed national importance through healthcare importance and business plan. AAO dismissed, finding endeavor has substantial merit but lacks national importance because work limited to individual company clients without broader field impact.

An MMA lightweight fighter sought EB-1A classification claiming a major international award and multiple alternate criteria. The AAO found the petitioner met published material and high salary criteria but lacked the major international award and failed to establish sustained national or international acclaim required for extraordinary ability.

Compliance attorney in healthcare fraud and tax law seeks NIW. Claimed endeavor has substantial merit and national importance identifying healthcare waste and ensuring tax compliance. AAO affirmed denial, finding no showing that proposed work extends beyond current employers or impacts field broadly, lacks significant employment or economic benefits.