Published AAO appeal decisions

Industrial designer seeking NIW classification. Petitioner claimed substantial merit and national importance for endeavor offering design and branding services. AAO held proposed endeavor amounted to job search lacking prospective impact beyond future employers, insufficient for national importance; appeal dismissed.

An architect seeking EB-2 national interest waiver for sustainable housing design work claimed the endeavor addresses U.S. housing crisis with national importance. The AAO dismissed the appeal, finding insufficient evidence of how the specific proposed projects would have prospective impact of national importance beyond general industry assertions.

Architect proposing to establish an architecture firm claimed national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or substantial prospective economic benefit to rise to the required level.

Industrial engineer seeks NIW for EB-2 exceptional ability classification as industrial designer developing sustainable construction products. AAO dismissed appeal, finding no demonstrated national importance: benefits limited to petitioner's clients without broader field implications or substantial positive economic effects.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

An architect with advanced degree and self-employment in Brazil sought EB-2 NIW for a sustainable affordable housing venture. The AAO affirmed dismissal, finding the petitioner failed the first Dhanasar prong: while affordable housing is nationally important, the petitioner did not demonstrate her specific proposed endeavor would have national importance. Remaining prongs were not reached.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

A designer specializing in brand creation sought EB-2 NIW claiming his services would elevate brand identity across industries. The AAO dismissed the appeal, adopting the director's finding that petitioner failed to demonstrate national importance of his specific proposed endeavor, lacking sufficient evidence of innovation or economic impact beyond prospective clients.

Architect and urban planner seeks NIW for sustainability consulting business in Florida. Petitioner claimed national importance through resilient urban strategy initiatives and employment potential. AAO dismissed, finding endeavor has substantial merit but lacks demonstrated national importance or broader field impact.

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.