Published AAO appeal decisions

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.

Marketing manager sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed marketing work benefited only employer, lacking documented broader field implications or substantial economic benefits needed for national importance.

An attorney specializing in environmental and energy law sought EB-2 national interest waiver. The AAO found substantial merit in the proposed endeavor but concluded the petitioner failed to establish national importance under Dhanasar's first prong; recommendation letters addressed past work rather than the specific prospective endeavor details required.

A dentist/manager sought EB-2 national interest waiver to open a dental practice and mobile services in Florida. The AAO affirmed the director's finding that while the petitioner qualified as advanced degree professional, the proposed endeavor lacked national importance; serving specific patients and markets did not demonstrate broader field or economic impact.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

Financial manager sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed work advising on financial investments and capital allocation. AAO affirmed denial, finding insufficient evidence that proposed endeavor would impact the financial field or nation's economy broadly or create substantial US employment.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

A financial manager seeks NIW under EB-2. He claimed his proposed endeavor had substantial merit and national importance. The AAO found substantial merit but not national importance because his work would not extend beyond his employer to impact the financial services field more broadly.

An aeronautical engineer sought a national interest waiver for EB-2 classification to advise aviation manufacturers. The AAO dismissed the appeal because his proposed specific endeavor lacked demonstrated national importance despite his expertise and credentials, failing to show sufficient prospective impact on the aviation industry.

Global supply chain director seeks NIW to work with small U.S. companies serving the aerospace sector. Petitioner claimed proposed endeavor has national importance. AAO affirmed denial, finding the specific endeavor lacks national importance; economic benefits limited to particular employers or clients without broader field implications.

An electric car system engineer sought EB-2 with national interest waiver. He claimed advanced degree eligibility and proposed future employment or business ventures in vehicle systems. The AAO affirmed denial, finding he failed to identify a specific, clearly-defined endeavor with substantial merit and national importance; broad industry growth alone does not satisfy Dhanasar.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.

Finance manager sought EB-2 classification with national interest waiver. Service center found advanced degree qualification but denied waiver. Petitioner asserted national importance through financial management benefits and community financial literacy. AAO held proposed work lacked national importance under Dhanasar first prong and dismissed appeal.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

A postsecondary education administrator sought EB-2 with national interest waiver. She claimed advanced degree eligibility and intended to continue education administration work, proposing benefits to higher education broadly. The AAO affirmed denial, finding no evidence her specific endeavor extends beyond individual employers to affect the field or system at a national level.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

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.

Self-petitioner marketing and management professional seeking NIW for small business consulting startup in Florida. Claimed substantial merit and national importance under Dhanasar. AAO dismissed appeal, finding proposed consulting work lacks national importance; insufficient evidence of substantial economic benefits beyond company and future clientele.

Food scientist with bachelor's degree equivalent seeking NIW for food safety and production work. AAO affirmed denial because proposed work, though meritorious, lacks national importance. Impact limited to specific employers; no evidence of broader field or economic effects.

An IT marketing professional sought EB-2 national interest waiver classification. The petitioner argued her marketing and consulting work had national importance under Dhanasar. The AAO dismissed the appeal, finding the specific endeavor lacked sufficient national importance or projected economic impact, and did not analyze the remaining Dhanasar prongs.

Process engineer sought national interest waiver under Dhanasar framework. Petitioner qualified as advanced degree holder but failed first prong. Work involved process engineering for employer clients, not broader implications for field or national economy. No sufficient evidence of projected U.S. job creation or substantial economic effects.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.