Published AAO appeal decisions

Financial manager proposes self-funded fintech venture offering AI-driven financial guidance to economically distressed communities. Claimed national importance based on field value and target population impact. AAO affirmed denial: specific endeavor lacks demonstrated substantial economic impact, employment potential, or concrete implementation plan meeting national importance threshold.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

An advanced-degree entrepreneur-investor seeking EB-2 NIW to establish a U.S. business claimed to create 53 jobs and generate $5.17 million in wages. The AAO dismissed the appeal, finding recommendation letters and industry articles do not establish national importance of the specific proposed endeavor; broader field importance differs from prospective impact of the petitioner's business.

A nurse with advanced degree seeks EB-2 classification and national interest waiver to establish a home health care business. The AAO dismissed the appeal, agreeing the petitioner demonstrated substantial merit but failed to show national importance or broader field impact required under Dhanasar.

A mining technician sought NIW to work in mining consulting. AAO dismissed the appeal because the proposed endeavor did not demonstrate national importance; professional plan failed to show the work would impact the mining industry beyond direct client relationships or substantially advance the field.

A public administration expert in sports with advanced degree sought EB-2 NIW classification. Director found substantial merit but denied national importance. On appeal, petitioner submitted letters of intent and business projections forecasting 14 jobs by year five, but AAO found projections lacked significance for broader field or national economy impact.

Conflict resolution consultant with advanced degrees seeks NIW for mediation services in schools. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. Evidence discussed importance of conflict resolution generally, not petitioner's particular services or their broader field impact or economic effects.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.

Nurse self-petitioner claiming national interest waiver under EB-2 exceptional ability. The AAO agreed the petitioner established substantial merit of nursing training work but dismissed, finding insufficient evidence of national importance; evidence addressed field importance generally, not the specific endeavor's broader implications.

A marketing and advertising consultant with advanced degree sought NIW for self-employment. AAO dismissed because proposed endeavor lacked national importance; petitioner did not demonstrate substantial economic effects or job creation at regional or national scale.

Goldsmith sought EB-2 as member of professions with advanced degree and national interest waiver for jewelry manufacturing business. AAO affirmed denial on two bases: petitioner failed to demonstrate occupation requires bachelor's degree, and proposed endeavor failed first Dhanasar prong for lacking demonstrated national importance.

Marketing consultant and entrepreneur seeking NIW for EB-2 classification to open Pennsylvania consulting firm. Petitioner claimed endeavor would revolutionize marketing through research and dissemination. AAO held claimed global implications and academic work insufficient; no documentation of prospective impact at national importance level.

An expert in human capital formation with a doctoral degree sought EB-2 national interest waiver to operate a nonprofit advancing STEM education and gender equity. The AAO found substantial merit but no national importance; the work was limited to one Texas community college without broader field implications.

Self-petitioner entrepreneur in tax, accounting, and financial services consulting sought EB-2 NIW. AAO held proposed endeavor lacked national importance under Dhanasar first prong, as business would impact only his clientele without broader field or economic effects.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

A nutritionist sought NIW to work in hospital nutrition services. AAO affirmed dismissal because the proposed endeavor lacked national importance; generalized job creation projections and evidence focused on nutrition field importance rather than the specific endeavor's prospective impact.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

Steel manufacturing entrepreneur sought EB-2 advanced degree classification and NIW for proposed steel pipe manufacturing company. AAO dismissed because petitioner failed to demonstrate four-year undergraduate degree equivalent and proposed endeavor lacked national importance beyond prospective clients and employees.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

Human resources professional and entrepreneur seeking EB-2 classification with national interest waiver for human resources consulting startup. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found proposed endeavor lacked sufficient evidence of national importance and would benefit only business and immediate clients.

A CEO of a lighting event design group seeking EB-2 classification as exceptional ability professional with national interest waiver. The AAO dismissed because the petitioner failed to establish the underlying EB-2 qualification, lacking both an advanced degree and meeting three of the exceptional ability criteria, making national interest waiver analysis unnecessary.

Tax consultant sought EB-2 national interest waiver. AAO affirmed Director's conclusion that proposed tax consulting business, though meritorious, lacks national importance because it would not extend beyond immediate clients to impact the tax consulting field or generate substantial nationwide economic effects.

A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.