Published AAO appeal decisions

Logistics manager sought EB-2 NIW to operate trucking company. AAO dismissed: while endeavor has substantial merit, petitioner failed to demonstrate national importance. Business plan projections and job creation targets insufficient to show substantial positive economic effects at national level required by Dhanasar.

Legal analyst with advanced degree sought national interest waiver for self-employment. AAO affirmed denial under Dhanasar because proposed endeavor lacked national importance; petitioner's business would serve only local clients without broader field implications or substantial economic effects beyond her own enterprise.

Electronics engineer sought EB-2 NIW to develop and market medical smartphone applications. AAO reversed on first prong, finding national importance established, but upheld denial on second prong: insufficient evidence of success in app development, no prior related business experience, and post-filing customer interest letters undermined preparedness claim.

Investment consultant and attorney sought NIW for consulting company serving foreign clients. Qualified for underlying EB-2 but failed to establish national importance of specific proposed endeavor. Advisory opinion letters addressing industry relevance insufficient without demonstrating prospective impact of particular venture.

Orthopedic and traumatology physician sought EB-1A extraordinary ability classification. AAO affirmed denial: petitioner satisfied judging and scholarly articles criteria but failed to satisfy three total criteria; published materials discussed medical topics rather than petitioner's work; lacked sustained national or international acclaim.

A conflict resolution specialist sought NIW to provide mediation and conciliation services to Brazilian immigrants and businesses. AAO found the endeavor had substantial merit but lacked national importance: the business plan showing revenue projections and job creation across four states did not demonstrate substantial prospective impact on regional or national economy or broader field influence beyond limited clients.

Civil engineer and construction project manager sought EB-2 classification and NIW to operate project management business. AAO found substantial merit but no national importance for proposed endeavor. Business plan projecting modest revenue growth and four employees by year five did not demonstrate substantial positive economic effects or broader field impact required for national importance.

Entrepreneur seeking NIW for EB-2 classification. Proposed service outsourcing and marketing business. AAO dismissed because petitioner failed to establish advanced degree eligibility and did not demonstrate national importance of proposed endeavor; expert letter provided only conclusory assertions without substantive explanation.

Human talent administrator sought NIW as EB-2 advanced degree professional for HR consulting company. AAO affirmed denial, finding endeavor lacked national importance. Business plan showed potential but failed to demonstrate broad field implications, substantial economic effects, or impact beyond clients sufficient for national importance.

Physician and obstetrics-gynecology professor sought EB-2 NIW for academic research and teaching at U.S. university. AAO affirmed denial, finding proposed teaching activities lacked national importance despite substantial merit; research showed potential impact but teaching was limited to students and employer, not field-broad implications required by Dhanasar.

Cross-cultural leadership specialist sought EB-2 NIW to advise US businesses on organizational development. Petitioner met second prong showing qualifications but failed first prong; proposed work would not extend beyond employer and clients to impact the field at national level.

An entrepreneur in commercial management proposed financial and commercial consulting. AAO dismissed because the proposed endeavor lacks national importance; evidence does not establish regional or national impact or broader implications in the commercial consulting field.

Civil engineer and construction manager sought NIW for renovation and construction business in local area. AAO affirmed dismissal, finding proposed endeavor lacked national importance; petitioner's professional experience relates to second prong, not the specific endeavor's broader impact required.

Civil engineer and entrepreneur sought NIW for business providing technical drawings for low-income and commercial projects. AAO affirmed denial; petitioner's credentials and experience cannot alone establish national importance of proposed specific endeavor.

Marketing entrepreneur sought NIW under EB-2 advanced degree. Did not establish qualifying advanced degree; claimed national importance via job creation and climate resilience marketing. AAO agreed substantial merit shown but rejected national importance, finding limited personnel and economic impact insignificant for industry scale.

Artistic director self-petitioner sought NIW for endeavor promoting Brazilian art and culture in United States. AAO found endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact extending to performing arts field, cultural enrichment, or economy at national level.

Aircraft mechanic sought EB-2 NIW classification. AAO held petitioner failed to establish national importance of his specific endeavor; performing typical occupational duties and industry growth projections do not demonstrate the required broader field impact or substantial economic effects.

Entrepreneur sought EB-2 NIW to own and manage a pet food and grooming franchise. AAO dismissed the appeal, holding that the proposed endeavor lacks substantial merit and national importance because it does not demonstrate national or global field implications or substantial positive economic effects.

An engineer sought NIW classification to establish a solar energy installation company. The AAO dismissed, finding the proposed endeavor lacked national importance; while installing residential, commercial, and industrial solar systems benefits the petitioner and clients, the record showed no evidence of national or global field implications or process improvements contemplated by Dhanasar.

Nurse with advanced degree sought NIW as self-petitioner to advance healthcare work. AAO dismissed appeal, finding petitioner qualifies for EB-2 classification but lacks national importance for proposed endeavor since specific venture would not significantly affect U.S. healthcare field or economy nationally.

Educator seeking NIW to develop strategies and methods for early childhood education using project-based learning. Qualifies as advanced degree professional but fails to establish national importance; proposed endeavor insufficiently detailed and narrowly scoped to individual student instruction. Appeal dismissed.

Telecommunications engineer sought NIW claiming national importance of network engineering work. Petitioner argued Director applied stricter standard and cited professor letters supporting endeavor value. AAO dismissed, finding specific projects lack national implications in telecommunications field or national economy.

A pest control entrepreneur with a biology degree seeks EB-2 NIW to operate a pest control management business in Florida. AAO dismissed because the proposed endeavor lacks national importance under Dhanasar; the business would serve only local customers and employees and does not impact the pest control industry broadly.

A disc jockey and sound producer sought extraordinary ability classification in the arts, claiming a number of regulatory criteria. The AAO treated the field as DJ and sound production, found the evidence on awards and published material insufficient, and held that three criteria were not satisfied, so it dismissed the appeal.

A gender, diversity, and inclusion specialist sought EB-1A extraordinary ability classification. She met the initial evidence threshold but failed to establish sustained national or international acclaim. She performed critical roles for organizations but lacked evidence of major contributions to the broader field or recognition as among the very top in her field.