Published AAO appeal decisions

Taekwondo instructor and exercise physiologist sought EB-2 classification and national interest waiver. AAO found petitioner did not demonstrate national importance of specific proposed endeavor; evidence showed no substantial positive economic effects or significant potential to employ U.S. workers. Appeal dismissed.

Athletic coach seeking advanced degree EB-2 NIW classification claims business plan for coaching acrobatics and circus performance for children with disabilities serves national interest. AAO found the business plan lacked sufficient specificity regarding location and scope, teaching activities do not impact the field broadly, and no material evidence supports claimed positive economic effects reaching national importance.

Youth soccer academy petitioned to employ a soccer coach as an EB-2 beneficiary with national interest waiver. AAO affirmed denial because the coach's youth coaching endeavor lacked national importance; recommendations showed coaching excellence but not prospective impact at industry scale required by Dhanasar.

Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.

An athletic instructor and coach sought EB-2 with national interest waiver. AAO dismissed the appeal, holding the petitioner failed to establish national importance of her proposed swimming coaching endeavor. The decision found her proposed work would benefit only a limited number of local students without broader implications for athletics or the field.

A martial arts instructor with a foreign bachelor's degree and five years of experience sought a national interest waiver to operate a martial arts academy. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its impact would be limited to business customers, not advancing the field broadly.

Mixed martial arts fighter sought EB-2 NIW for promoting MMA and developing fitness and healthy lifestyles. AAO dismissed: petitioner did not establish underlying EB-2 exceptional ability qualification. On NIW merits, endeavor lacks national importance; activities would impact only individual trainees, not the field broadly.

A sports coordinator and trainer sought EB-2 with national interest waiver under Dhanasar. The AAO dismissed the appeal because the proposed endeavor lacked demonstrated national importance, despite addressing the important issue of childhood obesity. The petitioner failed to show the work would impact U.S. soccer or public health broadly or generate substantial positive economic effects.

Professional freestyle wrestler seeks NIW for EB-2 advanced degree classification. Proposed competing and coaching for university wrestling club to increase U.S. athletic competitiveness. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed petitioner's skills and value but no documentation of prospective impact on sport broadly or significant employment or economic benefits.

Tennis coach seeking EB-2 NIW proposed operating a tennis academy. AAO held the specific endeavor lacks national importance despite assertions of tennis benefits and a product innovation; the record does not demonstrate national or global implications within the field or substantial positive economic effects beyond the business.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A martial arts coach sought EB-2 classification with national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor as a coach and trainer lacked sufficient evidence of substantial merit and national importance, failing the first prong of the framework.

Athletic trainer qualified as individual of exceptional ability but sought national interest waiver for fitness startup company. AAO found proposed endeavor lacks national importance; hiring eleven workers and local client services insufficient to demonstrate broader implications required by Dhanasar framework.

Self-petitioning pilot seeks NIW as EB-2 advanced degree or exceptional ability professional. Failed to qualify for underlying EB-2 classification (only two of six criteria met). AAO dismissed; pilot work as proposed lacks substantial merit and national importance; endeavor insufficiently documented and explained.

Taekwondo athlete and coach claiming NIW under EB-2. Petitioner asserted exceptional ability under multiple criteria; Director found only one met. On appeal, insufficient arguments and evidence to overcome exceptional ability finding. NIW claim failed at first Dhanasar prong: proposed endeavor lacks national importance. Appeal dismissed.

A gymnastics coach sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed that while the coach qualified for EB-2 and was well positioned to advance the endeavor, the proposed coaching lacked national importance because its impact was limited to specific gymnasts and a local setting rather than affecting the gymnastics field broadly.

Dance competitor and instructor sought exceptional ability classification and national interest waiver. AAO dismissed, finding proposed endeavor lacks national importance because competitive participation and instruction would not impact the field broadly, offer substantial job creation, or provide meaningful economic effects.

A weightlifter with exceptional ability seeks NIW for EB-2. AAO dismissed appeal because petitioner failed to provide specific proposed endeavor at filing; general intent to work in weightlifting lacks national importance and substantial merit as required.

A taekwondo athlete and coach with exceptional ability sought NIW for continued coaching and competition. The AAO dismissed because his proposed work lacked national importance; coaching at club level would not impact the sport broadly enough to meet Dhanasar's first prong.

A sports coach sought national interest waiver as EB-2 member of professions with advanced degree equivalent. The AAO found her proposed work as coach and trainer had substantial merit but lacked national importance. Her endeavor would benefit only her individual students and clients, not the broader field or economy, so waiver was not warranted.