Published AAO appeal decisions

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

A Colombian aviation mechanic sought EB-2 classification as person of exceptional ability with national interest waiver. The AAO found the petitioner met three evidentiary criteria but lacked exceptional ability in final merits determination; the proposed endeavor also lacked national importance, thus dismissing the appeal.

Supply chain manager sought NIW for EB-2 exceptional ability classification. Petitioner proposed designing and implementing distribution systems to advance US logistics economy. AAO dismissed because proposed endeavor failed national importance requirement; support letters showed competence only, not broader field implications or substantial economic effects.

A project manager seeks NIW for EB-2 proposing digital technology implementation in oil and gas to reduce emissions and support clean energy transition. The AAO dismissed, finding the endeavor lacks demonstrated national importance because evidence does not establish sufficient prospective impact beyond his client organizations.

Fitness consultant and trainer sought EB-2 national interest waiver. Claimed athletic training programs would improve health and wellness industry. AAO dismissed because specific proposed endeavor lacked demonstrated national importance or field-wide impact.

Social communications specialist seeking national interest waiver for small trade consultancy business serving SMEs. AAO held proposed endeavor lacks national importance; business activity does not extend beyond employees and clients or demonstrate substantial economic benefits.

A quality systems specialist sought EB-2 NIW claiming her consulting work would improve industry performance and national economic output. The AAO dismissed, finding her work for fifteen small companies lacked evidence of national-scale impact or substantial economic effects required for national importance.

Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.

Industrial engineer seeks NIW to provide industrial engineering services domestically. AAO dismissed appeal, finding the proposed endeavor lacks sufficient specificity and national importance because petitioner failed to identify the industry or field, provided only general claims, and did not demonstrate potential significant employment or economic effects.

Legal and business consultant seeking EB-2 NIW claimed broad endeavor spanning legal consulting, real estate investment, and Kazakhstan-U.S. business ties. AAO held the proposed endeavor lacked specificity and national importance; individual benefits and economic assertions insufficient for national-level impact.

Physical education instructor with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance; training programs benefit individual clients but do not establish broader fitness industry implications or substantial economic effects required.

An aircraft pilot sought NIW for EB-2 exceptional ability classification. Petitioner proposed piloting and training other pilots to address industry shortage. The AAO dismissed, finding the endeavor lacked demonstrated national importance; prior foreign experience and industry demand alone do not establish prospective national impact.

A nurse sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the service center denial, finding the petitioner did not establish a degree of expertise significantly above that ordinarily encountered. Since the underlying EB-2 qualification failed, the waiver analysis was unnecessary.

Entrepreneur seeks NIW to establish cosmetic factory and sell hair care products. AAO dismissed appeal, finding the endeavor has substantial merit but lacks national importance because evidence showed only product popularity without demonstrating broader field implications or substantial positive economic effects contemplated by Dhanasar.

Human resources consultant with advanced degree in psychology seeks EB-2 national interest waiver for consulting business. Claimed national importance based on HR field demand and prior professional accomplishments. AAO dismissed, finding petitioner adequately defined endeavor but failed to establish national importance; focus on endeavor itself, not petitioner's qualifications.

Legal services entrepreneur sought EB-2 national interest waiver. Claimed business expansion to multiple locations would employ workers and generate economic benefits. AAO dismissed because petitioner failed to demonstrate specific endeavor's national importance beyond business client impact.

Physical therapist and entrepreneur proposed establishing a therapy and pilates clinic with focus on elderly and post-COVID care. AAO found substantial merit but held proposed clinic endeavor fails to demonstrate national importance, dismissing on first Dhanasar prong.

Accounting and finance manager seeking NIW. Met substantial merit but failed national importance requirement. AAO dismissed appeal, finding that general importance of accounting and finance field is insufficient and petitioner failed to show proposed endeavor impacts STEM field or critical emerging technology.