Published AAO appeal decisions

Dentist entrepreneur operating dental clinic seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding proposed endeavor lacks national importance because operating one clinic does not demonstrate significant potential to employ U.S. workers or impact dentistry field broadly.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A business manager proposed developing a company creating accessible kitchen supplies for people with disabilities. The AAO dismissed the appeal, agreeing that while the endeavor had substantial merit addressing societal needs, petitioner failed to demonstrate national importance, lacking evidence of impact beyond prospective clients or significant economic or employment effects.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

Entrepreneur in business consulting sought EB-2 national interest waiver. The AAO found her advanced degree qualification met but dismissed the appeal, holding her proposed consulting endeavor for international trade and women entrepreneurship lacked sufficient national importance beyond direct client and employee benefits.

Self-petitioner seeking to work as IT specialist proposed collaborating with technology companies on IT services. AAO dismissed appeal, finding endeavor lacked national importance; petitioner conflated field importance with endeavor importance and failed to demonstrate specific prospective impact or economic effects.

Urban planner with foreign advanced degrees in architecture and sustainable urban planning seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed national importance prong. Decision held that creating 15-minute cities at specific location lacks broader field implications or national-level significance required by Dhanasar.

A general and operations manager seeking EB-2 advanced degree classification and NIW claims his Brazilian fried chicken franchise has national importance. The AAO dismissed the appeal, holding the petitioner failed to establish the endeavor has national importance as required by the first Dhanasar prong; no broader implications demonstrated.

An account specialist and insurance agent sought EB-2 NIW. The AAO found the petitioner satisfied the advanced degree requirement but failed the first Dhanasar prong: the proposed work lacked national importance because contributions to accounting knowledge and diversity would not extend beyond her employer and clients to impact the field broadly.

A finance manager sought EB-2 NIW for a finance technologist role. The AAO affirmed dismissal, finding she failed to demonstrate her specific proposed endeavor has national importance distinct from the importance of the finance profession generally.

Business consultant sought EB-2 national interest waiver for implementing financial management model in United States. Petitioner claimed endeavor would transform small business success rates. AAO held record lacked documentation of prospective impact beyond clients; insufficient capital commitments and no evidence of substantial economic effects.

Sales operations manager seeking EB-2 NIW to work as CEO of consulting company. Claimed endeavor has national importance through business services and job creation. AAO held endeavor lacks national importance because it lacks specific prospective impact beyond small businesses and does not demonstrate substantial positive economic effects.

An operations manager and marketing developer for a pool construction business sought a national interest waiver after qualifying as an advanced degree professional. The AAO held that the proposed endeavor lacked national importance, since its impact stayed with the company and customers, and reserved the remaining prongs.

Entrepreneur and CEO self-petitioner sought EB-2 NIW for renewable energy venture. Director approved underlying EB-2 but denied NIW. AAO agreed endeavor lacks national importance; working in important field insufficient without demonstrating prospective impact on field broadly.

Lodging manager with foreign master's degree seeking NIW and EB-2 as advanced degree professional. AAO found lodging management positions do not require baccalaureate degree, disqualifying petitioner from EB-2. Additionally, petitioner impermissibly changed proposed endeavor from lodging work to hotel sustainability business mid-petition, violating requirement of consistent proposed endeavor.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Self-petitioner entrepreneur with over 20 years in business and finance seeking EB-2 NIW for consulting firm serving entrepreneurs and small firms in Latin American U.S. operations. AAO found no national importance; endeavor lacks prospective impact beyond target clientele and no substantial economic benefits demonstrated at regional or national level.

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.