Published AAO appeal decisions

Administrative services and facilities manager with bachelor's degree sought EB-2 advanced degree professional classification and NIW. AAO dismissed appeal, affirming director's finding that petitioner did not establish eligibility as advanced degree professional because she failed to demonstrate five years of related progressive experience.

Financial manager and entrepreneur seeking EB-2 with NIW to establish financial management consulting business. Claimed endeavor has national importance through economic benefits. AAO affirmed denial: endeavor lacks national importance despite substantial merit; no corroborating evidence of broader impact required by Dhanasar framework.

Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

A manager and lawyer sought national interest waiver for immigration consulting business. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it, lacking immigration law credentials and prior business ownership experience.

Entrepreneur in physical education sought NIW for martial arts academy serving athletes with special needs. AAO dismissed because petitioner did not qualify for underlying EB-2 (insufficient post-baccalaureate experience) and proposed endeavor lacked demonstrated national importance despite substantial merit.

Change management specialist in human resources seeking EB-2 with NIW to establish consultancy serving small and medium businesses on diversity and inclusion. Demonstrated strong professional record. AAO affirmed denial: lone consultancy business lacks national importance; individual accomplishments relate to personal qualifications, not endeavor impact required by Dhanasar.

Physical therapist with advanced degree sought national interest waiver for EB-2. AAO found the proposed endeavor lacks demonstrated national importance and applicant failed to show she is well-positioned to advance it. Appeal dismissed.

Automotive bodywork technician sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed dismissal, finding petitioner did not establish exceptional ability despite meeting three of six criteria. Final merits determination required showing expertise significantly above ordinary level.

Church and homeschool teacher sought EB-2 with NIW. AAO dismissed appeal, finding petitioner qualified as advanced degree holder but failed to establish national importance of teaching endeavor, which only benefits individual students, not broader education system.

Financial analyst sought EB-2 with national interest waiver. AAO affirmed denial, finding the proposed endeavor lacked national importance despite meeting some regulatory criteria. Work benefited only individual employers, not the field broadly or the nation.

Operational risk manager and consultant seeking NIW for EB-2 advanced degree classification. Claimed national importance through preventing financial losses and white-collar crime prevention. AAO held proposed endeavor lacks national importance or broader implications beyond client work; insufficient evidence of field-wide impact.

Physical therapist sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner materially changed her endeavor between initial filing and RFE response, and field shortage does not establish national importance under Dhanasar framework.

Physical therapist sought NIW for EB-2 classification to operate her own clinic. AAO affirmed denial, finding her specific endeavor lacked national importance under Dhanasar's first prong because benefits would extend only to her individual patients, not the field or nation broadly, and thus did not warrant labor certification waiver.

A business manager seeking EB-2 NIW classification proposed a startup consulting company planning to employ thirty workers at modest wages. The AAO dismissed the appeal, finding the local startup lacked national importance or global implications within any field despite prior work achievements.

Supply chain manager sought EB-2 with NIW. AAO dismissed appeal, finding petitioner lacks advanced degree and failed to show national importance of proposed endeavor in cell tower maintenance industry, focusing on field importance rather than specific endeavor impact.

Credit analyst seeks NIW for EB-2 to establish mortgage lending company in Florida. AAO affirmed denial because proposed endeavor lacked national importance. Regional focus and projected employment of 21 workers insufficient to demonstrate broad impact on industry.

Physician and entrepreneur seeking NIW for EB-2 advanced degree classification. Claimed national importance based on employment creation and economic benefits of medical clinics. AAO held proposed endeavor lacks demonstrated national importance; appeal arguments did not overcome Director's finding of insufficient evidence.

A nurse seeking EB-2 with NIW claimed critical care nursing and later a healthcare business would have national importance. The AAO affirmed dismissal, finding the endeavor lacked national importance; industry importance and employment experience do not establish prospective impact beyond immediate scope required.

A business operations specialist sought NIW EB-2 classification proposing a revenue management consulting company for tourism sector small businesses. The AAO found the endeavor has substantial merit but not national importance; statistics about industry size do not establish broader field impact.

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

A career development mentor and training consultant in beauty services sought EB-2 national interest waiver. The AAO dismissed because her consulting company for beauty salons lacked national importance: it would not impact the industry broadly, and projections of modest revenue and two employees did not establish substantial economic effects nationally.

Aircraft mechanic sought EB-2 exceptional ability classification and national interest waiver. AAO found petitioner failed to establish exceptional ability under three of six regulatory criteria, including insufficient experience, salary not demonstrating exceptional ability, and membership in professional association not meeting regulatory requirements. Appeal dismissed; Dhanasar framework not reached.

Entrepreneur seeks EB-2 NIW to establish educational and research institute in social sciences and contemporary history. AAO found proposed endeavor has substantial merit but lacks national importance; no evidence of significant U.S. employment potential or substantial positive economic effects commensurate with national importance.

Accountant sought EB-2 NIW classification. AAO found MBA from Brazil not established as U.S. equivalent advanced degree, and experience letters lacked required detail. Petitioner failed to meet exceptional ability criteria. Appeal dismissed because petitioner ineligible for underlying EB-2 classification.