Published AAO appeal decisions

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

Goldsmith sought EB-2 as member of professions with advanced degree and national interest waiver for jewelry manufacturing business. AAO affirmed denial on two bases: petitioner failed to demonstrate occupation requires bachelor's degree, and proposed endeavor failed first Dhanasar prong for lacking demonstrated national importance.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

A dance studio owner in Brazil seeking EB-2 exceptional ability classification and national interest waiver. AAO found she failed to meet three of four exceptional ability criteria and lacked the requisite expertise. AAO also found the proposed endeavor lacks national importance under Dhanasar's first prong.

Architect sought EB-2 with NIW for proposed venture in affordable disaster-resilient housing. AAO agreed substantial merit established but affirmed denial, finding petitioner conflated national importance of field with national importance of specific proposed venture; no demonstrated prospective impact.

Interior designer and entrepreneur seeking NIW for EB-2 classification to expand design business. AAO held petitioner failed to establish national importance of proposed endeavor despite demonstrating substantial merit and being well-positioned to advance it.

Architect seeks national interest waiver for sustainable architecture consulting business. AAO held the endeavor has substantial merit and national importance but applicant lacks demonstrated success or progress in advancing this specific endeavor, so waiver denied.

An artist with exceptional ability sought EB-2 with NIW for environmental and wildlife art using recycled materials. The AAO affirmed denial, finding her specific proposed endeavor lacked national importance despite artistic merit. Letters addressed the field generally without explaining her particular work's broader implications.

An architect qualified as advanced degree professional seeks NIW for EB-2 proposing sustainable design and architecture work with training offerings. AAO found petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; general importance of sustainable architecture field insufficient, dismissing appeal.

Materials engineer entrepreneur seeking EB-2 with national interest waiver for interior design business claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding no evidence of broader industry implications or substantial economic effects; projected eight hires insufficient.

Advanced-degree holder sought waiver to open filmmaking and videomaking consultancy employing seven workers. Qualified for underlying EB-2 but failed to show national importance; proposed endeavor lacks significant potential for U.S. employment or economic effects.

Fashion designer seeks EB-2 advanced degree professional with national interest waiver for sustainable bespoke design practice. AAO found petitioner qualified for underlying EB-2 classification but failed first Dhanasar prong: proposed production model not sufficiently innovative. Appeal dismissed.

An architect and project manager with advanced degree sought NIW. AAO found substantial merit but not national importance; initial proposed endeavor lacked broader implications beyond self-owned firm and petitioner impermissibly changed the proposed endeavor post-filing.

Music director seeks NIW under EB-2 advanced degree or exceptional ability classification. AAO affirmed denial: endeavor has substantial merit but lacks national importance; revenue and employment projections insufficient to demonstrate substantial positive economic effects at national or regional level.

A permanent makeup artist, trainer, and salon owner proposed operating an aesthetic beauty salon and training center, claiming exceptional ability and national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; claimed free cancer patient services represented a material post-filing change and prior experience primarily addressed a different Dhanasar prong.

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

Architectural designer and manager seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit but not national importance. Petitioner's self-employment in interior design and project management lacks demonstrated broader implications, regional or national economic impact.

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.

Fashion professional sought NIW for EB-2 classification as individual of exceptional ability. Petitioner failed to meet initial evidence requirements for exceptional ability under regulatory criteria. AAO held proposed endeavor lacked national importance and failed to demonstrate substantial positive economic effects or broader industry impact.

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.

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural field.

Architect sought NIW under EB-2 for sustainable architectural design and project management work. Petitioner claimed focus on sustainability, construction quality, and furniture design would demonstrate national importance. AAO held the proposed endeavor lacks national importance; general descriptions and assertions insufficient; no specific evidence of broader prospective impact on sustainable development field.

An architect with 20+ years experience seeks an NIW for EB-2 as advanced degree professional. He claimed his design, consulting and planning services have national importance via construction industry boost, tourism, historic revitalization, and federal initiatives. The AAO affirmed denial because his specific proposed endeavor lacks demonstrated national implications or prospective impact.

An architect sought a national interest waiver for EB-2 classification. The AAO found she failed the first Dhanasar prong because her proposed endeavor combining healthcare facility design and hurricane-resistant solutions lacked clarity and sufficient national importance beyond serving individual clients.

Cellist seeking EB-2 NIW based on claimed prestigious status and intent to establish a quartet. Petitioner relied on prior awards, degrees, and membership to show exceptional ability. AAO affirmed dismissal, finding petitioner did not establish that endeavor has national importance; recognition was largely confined to Florida, not international.