Published AAO appeal decisions

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.

Graphic designer self-petitioner claimed national interest waiver under EB-2. AAO affirmed denial on two grounds: petitioner failed to establish equivalency to U.S. advanced degree, and proposed business endeavor lacks national importance or broader economic effects.

Vocalist and music teacher with advanced degree sought national interest waiver for endeavor of musical event management and classical music teaching. AAO affirmed underlying EB-2 eligibility but found proposed activities lacked national importance, distinguishing from STEM teaching precedent by showing no broad industry impact. Appeal dismissed.

A graphic designer seeking to open his own design business filed for NIW. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field broadly or provide substantial economic effects beyond serving clients and employees, dismissing the appeal.