Published AAO appeal decisions

Marketing manager and entrepreneur with advanced degree sought NIW as self-petitioner to start business creating 23 jobs. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance since benefits would not extend beyond organization to broader industry or field.

Self-petitioner, financial adviser seeking EB-2 with NIW, proposed advisory services to small businesses post-COVID. AAO found substantial merit but reversed director's adverse substantial merit ruling and upheld denial on national importance; proposed work limited to Texas oil and gas SMEs lacks broader economic or field impact.

A video game designer and entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because the proposed endeavor lacked national importance under Dhanasar; credentials and professional experience alone cannot establish the specific endeavor's national significance.

Nurse seeking NIW for employment as nurse. Did not satisfy initial EB-2 exceptional ability evidentiary requirements; failed to meet at least three regulatory criteria. Record does not establish national importance of proposed nursing endeavor. Appeal dismissed.

An entrepreneur directing a small freight transportation company sought a national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; local job creation and company-focused benefits did not extend to broader industry or national economic impact.

Physician and business consultant sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor had substantial merit but lacked national importance. Vague description of business consulting services and market opportunity did not establish specific prospective impact on healthcare field.

Firearms instructor proposed opening a shooting academy in Florida for gun safety and sports training. AAO found the specific endeavor lacked broader implications rising to national importance. General small business interest insufficient to meet Dhanasar standard.

Technology entrepreneur sought EB-2 classification as individual of exceptional ability and NIW. Did not satisfy three required evidentiary criteria; failed to demonstrate ten years full-time experience, relevant license or certification, or comparable evidence. AAO dismissed appeal; NIW Dhanasar prongs reserved because petitioner ineligible for underlying EB-2 classification.

Self-petitioner, architect and program manager with advanced degree seeking EB-2 NIW. Claimed eligibility under Dhanasar framework. AAO affirmed dismissal, finding petitioner failed to establish first prong; relied on industry importance rather than specific endeavor impact, without new evidence on appeal.

Entrepreneur seeking national interest waiver for EB-2 exceptional ability classification. Petitioner claimed involvement with brand and ventures. AAO withdrew Director's finding that petitioner met three criteria, concluding insufficient evidentiary basis for EB-2 eligibility; first Dhanasar prong also not met; appeal dismissed.

Sales manager holding advanced degree sought national interest waiver for EB-2 proposed endeavor. AAO dismissed appeal, finding proposed sales work in IT sector lacked national importance under Dhanasar framework; revenue generation to employer insufficient without demonstrating wider significance or broader implications.

Human development specialist sought EB-2 NIW. AAO affirmed denial: record did not demonstrate how her services differed from standard services or had broader implications in her field. Additionally, petitioner failed to establish underlying EB-2 eligibility.

Human resources entrepreneur sought NIW as EB-2 advanced degree or exceptional ability holder. Proposed HR consulting services in Texas. AAO reversed Director's advanced degree finding; affirmed denial under Dhanasar, finding endeavor lacked national importance despite employment projections and industry importance.

An athlete-trainer with 12 years martial arts experience sought NIW to operate jiu jitsu competitions and fitness business. The AAO dismissed the appeal because the proposed endeavor lacked national importance; general industry growth and physical activity importance were insufficient without demonstrating broader implications.

Film director/editor seeking EB-2 with national interest waiver initially proposed teaching cinematic arts, then shifted to establishing a business teaching film production. AAO dismissed because material change to proposed endeavor was impermissible; original endeavor lacked sufficient detail to analyze national importance.

An engineer with exceptional ability qualification sought NIW for his electrical construction company focusing on sustainability. The AAO agreed with the Director that although he qualifies as exceptionally able, his specific proposed endeavor lacks national importance; STEM and sustainability fields alone do not establish impact at required level.

STEM teacher seeking EB-2 advanced degree classification and national interest waiver for proposed teaching position. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance because teaching activities would not impact field broadly or produce substantial positive economic effects.

Entrepreneur in information technology proposing to own and operate an IT company seeking EB-2 national interest waiver. Claimed substantial merit and national importance. AAO held business plan lacked evidence of national scope and petitioner failed to demonstrate projected employment or economic benefits rose to national importance level.

Physical therapist seeking EB-2 classification with national interest waiver for clinical and consulting work in physical therapy. Claimed endeavor impacts national healthcare initiatives and involves educational outreach. AAO dismissed, finding individual patient care and general professional education, however beneficial, lack the broader implications, manufacturing breakthroughs, or medical advances demonstrating national importance under Dhanasar first prong.

Manufacturing engineering manager sought EB-2 NIW. AAO dismissed, holding that although petitioner qualifies as an advanced degree professional and is well positioned to advance the endeavor, it lacks national importance because it does not demonstrate sufficient prospective impact on the field or nation.

An entrepreneur and international insurance specialist sought NIW, claiming his endeavor had substantial merit and national importance. AAO found no clear EB-2 underlying classification determination made by the Director. On national importance, the record discussed general benefits of entrepreneurship and innovation to economies but failed to establish the petitioner's specific proposed endeavor would have prospective national impact.

Electrical engineer sought EB-2 advanced degree classification and NIW for proposed energy efficiency and renewable energy services business. AAO found petitioner qualified as advanced degree professional but failed NIW first prong. Proposed endeavor had substantial merit but lacked national importance; no evidence of prospective economic impact or job creation at level required by Dhanasar.

Physician-researcher seeking EB-2 with national interest waiver initially proposed medical research, later shifted to clinic management. AAO affirmed dismissal: material change to proposed endeavor was impermissible; clinic provision of medical services lacks demonstrated broader impact on healthcare field or access.

Industrial designer sought EB-2 NIW as exceptional ability or advanced degree professional. AAO dismissed on threshold issue: petitioner failed to establish EB-2 eligibility by not meeting three criteria for exceptional ability (no degree diploma submitted) and lacking advanced degree or required work experience; NIW analysis reserved.

Data processing professional sought NIW claiming advanced degree or exceptional ability. AAO dismissed because petitioner lacked foreign equivalent of U.S. advanced degree or baccalaureate degree, failed to demonstrate five years progressive post-baccalaureate experience, and met only two of three exceptional ability criteria required.