Published AAO appeal decisions

A CFO and entrepreneur in real estate development with an advanced degree sought a national interest waiver. The AAO dismissed the appeal, holding the proposed endeavor of developing residential and commercial properties has substantial merit but lacks national importance; it benefits the applicant's clientele without demonstrating broader economic or field impact.

A certified flight instructor and pilot with a Master's degree in Aeronautics sought a national interest waiver to work as a designated pilot examiner. The AAO affirmed denial, finding the proposed endeavor has substantial merit but lacks national importance; it benefits individual trainees but lacks broader field or sector impact required by Dhanasar.

Architectural designer with two master's degrees seeking NIW to advance sustainable design in United States. AAO affirmed SCOPS determination that endeavor lacks national importance because impact limited to specific employer and clients, without broader field implications or substantial economic effects.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

A hospitalist sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor lacked national importance because it would not impact the field broadly or produce substantial prospective economic effects, despite serving an underserved area. First prong of Dhanasar test failed.

A rigging artist and entrepreneur in entertainment sought EB-2 classification with a national interest waiver. The AAO affirmed dismissal because his proposed endeavor lacks national importance despite working in an important field, and he failed to demonstrate he is well positioned to advance it through education, planning, or demonstrated progress.

An environmental designer with an advanced degree proposed to operate an eco-friendly interior design company. The AAO dismissed the appeal, finding the business lacks demonstrated national importance; the business plan shows only local market impact without evidence of broader economic, societal, or field-wide implications.

A senior artificial intelligence engineer sought an EB-2 national interest waiver for research in AI technologies for spatial-temporal understanding. The AAO dismissed, finding the petitioner established the first prong required substantial merit but failed to prove national importance of his specific proposed endeavor.

International tax law consultant sought national interest waiver for EB-2 advanced degree petition. AAO affirmed denial, finding proposed endeavor lacks national importance despite substantial merit and positioning. Work benefits confined to employer; no evidence of broader field or national implications required.

Chemical engineer with Ph.D. seeks NIW for renewable synthetic fuels research under Dhanasar framework. First prong met: proposed endeavor has substantial merit and national importance. Second prong failed: education alone insufficient; citations lack comparative metrics; no demonstrated record of research success at level required.

Applied and computational mathematician self-petitioned for EB-2 NIW to research guaranteed algorithms for large-scale systems, claiming prospective applications in cancer research, energy, and artificial intelligence. The AAO dismissed the appeal, finding substantial merit but insufficient evidence of national importance because the connection between the proposed research and asserted national-level impacts was too attenuated.

Research professor seeks NIW for EB-2 self-employment in research projects spanning orthopedic implants, prosthetics, and aerospace composites. Petitioner claimed alignment with government initiatives and field importance. AAO dismissed, finding specific endeavor lacks demonstrated national importance; general field alignment and U.S. initiative alignment insufficient without detailed prospective impact documentation.

A family nurse practitioner seeks EB-2 advanced degree classification and NIW. Service center approved underlying EB-2 eligibility but denied NIW. AAO affirmed, finding petitioner's proposed primary care practice using telemedicine lacked national importance; evidence showed only individual patient benefit, not broader healthcare industry impact.

Software engineer and graduate student researcher in information technology seeking EB-2 advanced degree classification and national interest waiver for data security research integrating artificial intelligence and machine learning. Described endeavor in generalized terms without specific details, novel methodology, or demonstrated broad impact. AAO dismissed appeal; first Dhanasar prong not established.

Human resources specialist seeks EB-2 NIW claiming innovative HR methodologies would benefit U.S. business landscape and job creation. AAO affirmed denial because while endeavor has substantial merit, petitioner failed to demonstrate national importance through specific prospective impact or connection to broader national implications.

A doctoral student in mechanical engineering proposed work on HVAC system efficiency improvement. The AAO dismissed the appeal, holding that the applicant failed to demonstrate national importance of the specific endeavor; the general importance of energy efficiency in buildings was insufficient without showing broader field impact.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

Computer science research scientist sought NIW under EB-2 classification. AAO dismissed appeal because proposed endeavor lacked national importance; vague research plans, no identified research field, and no documented permission to publish or present at conferences defeated first Dhanasar prong.

Financial analyst sought EB-2 NIW with advanced degree in finance. AAO affirmed denial, holding petitioner did not establish national importance of continuing financial analyst work; general claims of supporting resilience and aligning with federal priorities, or referencing critical emerging technologies list, insufficient without specific evidence of proposed endeavor impact. Second and third prongs reserved.

An employer petitioned for a data scientist beneficiary for EB-2 with national interest waiver under Dhanasar. The AAO confirmed the beneficiary qualified for EB-2 advanced degree status but dismissed because the proposed endeavor lacked sufficient national importance, being employer-specific rather than broadly impactful.

STEM education platform developer sought EB-2 with national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific online educational endeavor. Platform lacks broader field impact beyond prospective students; revenue projections and employment forecasts do not show substantial national economic effects.

CEO seeks NIW for EB-2 self-employment operating functional and organic food businesses with nationwide online sales. Petitioner claimed national scope and health benefits addressing obesity. AAO dismissed, finding endeavor lacks national importance; online sales presence and health alignment insufficient without evidence of substantial economic effects or broader field impact.

An entrepreneur in education sought EB-2 NIW to bridge educational exchanges between Brazil and United States. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance despite claimed substantial merit. No specific evidence showed impact beyond prospective clients.