Published AAO appeal decisions

An industrial and refrigeration maintenance technician with an advanced degree sought a national interest waiver for self-employment. The AAO found his proposed endeavor lacked national importance, affecting only individual clients without broader field impact. The remaining Dhanasar prongs were not reached.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An accountant seeking to establish a financial consulting company focused on IFRS compliance and strategic planning claimed a national interest waiver. The AAO found substantial merit in the endeavor but rejected national importance because the business would serve only individual clients without broader impact on the field or economy.

Financial consultant and entrepreneur seeks NIW to establish consulting business. AAO held endeavor lacks national importance; business plan, credentials, and industry reports do not demonstrate prospective impact beyond petitioner's own business and clientele. First prong failure dispositive.

A bioengineer and prosthetics researcher sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding she failed to establish a U.S. bachelor's or advanced degree equivalent and, even under exceptional ability, did not meet three evidentiary criteria. The proposed endeavor lacked specific evidence of national importance.

Civil construction project manager with master's degree proposes Florida-based residential and commercial remodeling company. AAO dismissed the national interest waiver appeal, finding the business plan lacked documented evidence of prospective impact beyond serving specific clients or employees, and projected revenues and job creation were insufficient to demonstrate national importance.

Energy professional in directional drilling seeking NIW for EB-2. Claimed national importance through oil and gas field importance and technical advancements for sustainable energy. AAO dismissed, finding substantial merit established but national importance not shown; petitioner confused field importance with specific endeavor impact and failed to demonstrate broad implications.

Mechanical engineer sought EB-2 NIW. AAO held appeal dismissible due to petitioner's conflicting statements about the proposed endeavor between initial filing and RFE response, making substantive nature unclear and preventing informed determination.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

A scientist with advanced degree sought waiver to develop sensor technology reducing heavy metal poisoning. The AAO affirmed dismissal because the petitioner materially altered the proposed endeavor between initial filing and RFE response, creating inconsistency that prevented analysis of national importance.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

A clinical nurse specialist proposed home healthcare business citing national nursing shortage and claiming ripple effects on U.S. healthcare. The AAO held that field importance does not establish national importance of the specific endeavor; her proposed company would lack substantial economic impact beyond regional or company-level operations.

Physician in fetal medicine/OB-GYN seeking NIW for EB-2. Claimed national importance through field importance articles and AMA economic impact study. AAO dismissed, finding physician failed to demonstrate national importance of specific endeavor or improvements over existing methodologies.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

A human resources professional and entrepreneur sought national interest waiver for EB-2. AAO dismissed, finding her proposed HR consulting endeavor, while benefiting her clients, lacks national importance and substantial positive economic effects at regional or national level.

Industrial machinery mechanic proposing fuel pellet manufacturing business seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, finding proposed endeavor lacked national importance because applicant failed to show how his specific business would have broader implications in the field.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

An entrepreneur seeking to establish dispatch and delivery services between the US and Eastern Europe claimed a national interest waiver. The AAO affirmed dismissal, finding the proposed endeavor lacked national importance, being confined to the applicant's company without demonstrating broader industry impact or substantial economic effects.

An IT consulting CEO proposed establishing a company in a HUBZone claiming national importance through employment projections and revenue generation. The AAO held the specific endeavor lacks national importance because it would only benefit prospective customers and employees; employment and tax projections alone do not establish substantial economic effects at national level.

Financial manager sought EB-2 NIW. AAO held the proposed endeavor lacked national importance because it would not impact the financial field broadly and lacked significant potential for U.S. employment or substantial economic effects. Appeal dismissed.

A cosmetologist seeking EB-2 classification with NIW claimed substantial merit and national importance for her proposed endeavor. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of her proposed work, which lacked broader implications beyond personal practice.

A product administrative support coordinator in finance sought EB-2 classification with NIW for a credit union financial consulting firm. The AAO dismissed the appeal because the proposed endeavor lacked national importance; financial projections were unsupported and broader implications were not established.