Published AAO appeal decisions

Architectural engineer sought EB-2 with national interest waiver, claiming high demand for expertise and infrastructure development contributions. AAO dismissed appeal, finding petitioner failed to articulate specific endeavor with national importance; past accomplishments and industry importance of field were insufficient.

Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal dismissed.

Financial manager seeking EB-2 NIW to start entrepreneurial financial management company. AAO held revised endeavor materially different from initial proposal, creating ambiguity, and lacks evidence showing how hiring plan and operations would achieve national importance level required by Dhanasar framework.

Nurse with advanced degree seeks EB-2 NIW for direct patient care or home health service venture. AAO affirmed denial because proposed endeavor lacks national importance; expert nursing services and industry shortage claims do not demonstrate impact beyond specific employer or region.

Airline pilot sought EB-2 classification with NIW. AAO dismissed the appeal because petitioner failed to establish exceptional ability under EB-2 standards; threshold EB-2 eligibility was not met, making NIW analysis unnecessary.

A supply chain specialist sought national interest waiver for a proposed independent venture. The AAO dismissed, finding the endeavor lacks national importance because it would benefit only her clientele without extending to broader regional or national economic effects, despite her qualifications.

Environmental manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor in occupational health and safety; submitted generic evidence without connecting to broader field implications.

Elementary school teacher and entrepreneur with Brazilian education degree sought EB-2 classification for exceptional ability and NIW. Although she met three of six evidence criteria, AAO held her evidence did not establish expertise significantly above ordinarily encountered in her field, lacking demonstration of distinguished contributions or achievements beyond employers and students.

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Mechanical engineer seeks NIW for project management work through established company. AAO found EB-2 advanced degree eligibility unestablished due to unclear concurrent employment and insufficient experience documentation. Also held proposed endeavor lacks national importance without evidence of broader industry or supply chain impact.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

Food scientist with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner qualified as advanced degree professional but failed to demonstrate proposed endeavor has national importance because specific research plans lack corroboration and projected economic impact remains unsubstantiated.

A fitness specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he met only three of six evidentiary criteria but lacked the degree of expertise significantly above ordinary for his field.

Residential advisor with master's degrees seeks EB-2 NIW to establish and direct residential life office at university. AAO found endeavor has substantial merit but not national importance; proposed job creation and institutional benefits insufficient to demonstrate substantial positive economic effects at national level.

Computer systems manager with 10+ years experience and bachelor's in computer science sought NIW for EB-2. Proposed to start business creating 84 jobs with five-year revenue projections. AAO dismissed because business plan lacked evidence that national importance threshold was met; job creation and wages alone do not establish prospective impact on IT industry.

An entrepreneur holding advanced degree seeks an NIW for EB-2 to operate a hydraulic equipment distribution company as sole distributor in Florida. The AAO dismissed because his specific endeavor lacks national importance; no evidence demonstrates prospective impact beyond company operations, significant job creation potential, or substantial positive economic effects at regional or national level.

Chief technology officer with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.

Language and music professor seeks NIW for teaching Portuguese through music literacy program. AAO held the proposed endeavor lacks national importance because it would impact only his students without broader implications for the field or U.S. economy. Appeal dismissed.

Interior design entrepreneur sought EB-2 NIW classification. She claimed her endeavor would provide valuable services to clients and contribute to U.S. competitiveness and economy. AAO held her proposed work lacks national importance because she showed no prospective impact on her field, real estate and construction industries, or economy broadly, and offered no evidence of significant job creation or substantial positive economic effects.

Adapted physical education specialist and entrepreneur sought NIW for aquatic sports and exercise business. Proposed endeavor had substantial merit but lacked national importance; evidence showed limited local impact without broader industry implications or substantial economic effects warranting waiver.

Radiology technician sought EB-2 exceptional ability with NIW. AAO dismissed appeal finding petitioner met only one of required three criteria due to insufficient documentation of work experience, professional license, and salary comparison supporting exceptional ability claim.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Automotive repair mechanic and operations manager seeking EB-2 exceptional ability with national interest waiver. AAO affirmed dismissal because evidence does not show exceptional ability—expertise significantly above ordinary in field. Threshold EB-2 qualification not met; Dhanasar analysis not reached.

Former educator with advanced degree seeks EB-2 NIW for proposed educational consulting services addressing children's mental health. Director found advanced degree eligibility but denied NIW. AAO affirmed, holding proposed work lacks national importance despite merit because consulting activities would not impact educational field broadly beyond individual clients. Petition also missing required Form ETA 750B.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.