Published AAO appeal decisions

Industrial engineer and entrepreneur with foreign engineering degree seeks NIW for EB-2. Proposed owning and operating concrete paver manufacturing company emphasizing eco-friendly products and exports. AAO held the specific endeavor, while having substantial merit, lacks national importance because it does not demonstrate broader field implications.

Accountant with IFRS expertise sought EB-2 advanced degree classification and national interest waiver to consult with small and medium enterprises. AAO held she qualified for EB-2 but failed to establish national importance of endeavor; her services would not sufficiently extend beyond prospective clients to impact economy broadly or produce substantial positive economic effects.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Animal health specialist seeking EB-2 NIW for emotional support animal practice. Petitioner established advanced degree and substantial merit but failed to demonstrate national importance of proposed endeavor, showing only company-level rather than field-wide impact.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

Financial services and accounting professional sought EB-2 with national interest waiver to open consulting firm assisting U.S. companies with financial decisions and Latin American expansion. AAO affirmed denial, finding proposed endeavor lacked national importance; business growth projections and client services insufficient to establish substantial positive economic effects.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

An audiovisual services business owner seeks NIW. Claimed the Dhanasar three-prong test. The AAO held the first prong—national importance—not met: the business lacks broader field implications or significant economic impact beyond specific clients and employees.

Aircraft maintenance technician sought EB-2 exceptional ability with national interest waiver for proposed aircraft maintenance and training business. AAO affirmed denial, finding petitioner failed first prong: specific endeavor lacked demonstrated national importance despite aircraft technician shortage; generic industry value insufficient.

A pharmaceutical industrial production manager sought EB-2 classification with national interest waiver to plan and direct manufacturing operations. The AAO found the proposed endeavor had substantial merit but lacked national importance, as providing services for one employer would not generate significant economic activity or employment potential at national scale.

Self-petitioner, financial management and tax consultant seeking NIW for entrepreneurial consultancy firm. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; impact limited to niche market without broader field implications or significant economic effects.

Data-integration consultant seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through broad industry impact. AAO found proposed endeavor lacks national importance because evidence does not demonstrate broader implications beyond employer and existing customers.

A Portuguese language instructor seeks NIW for a translation and language teaching business in Florida. The AAO dismissed the appeal, finding substantial merit but no national importance because the proposed endeavor lacks broader field implications and significant prospective economic impact beyond regional clients.

Aircraft mechanic seeking NIW for EB-2 advanced degree or exceptional ability classification. AAO affirmed denial, finding petitioner failed to demonstrate national importance of his specific proposed endeavor of providing aviation mechanical services, conflating industry importance with endeavor-specific national impact.

Pilot and flight instructor seeking EB-2 exceptional ability and national interest waiver. Director found substantial merit but denied national importance and NIW. AAO affirmed, concluding petitioner's proposed work training crew members and pilots does not have prospective impact rising to national importance level under Dhanasar.

An anti-bullying educator sought EB-2 NIW for a pedagogical intervention project to reduce bullying in schools. The AAO agreed the endeavor had substantial merit but found insufficient evidence that the specific program would have national importance or influence beyond the schools served.

Marketing consultant entrepreneur sought EB-2 national interest waiver. AAO affirmed dismissal, finding her proposed marketing consulting services lacked national importance under Dhanasar's first prong; the endeavor's benefits would not extend beyond her company and clientele to impact the field or economy broadly.

A dance studio owner in Brazil seeking EB-2 exceptional ability classification and national interest waiver. AAO found she failed to meet three of four exceptional ability criteria and lacked the requisite expertise. AAO also found the proposed endeavor lacks national importance under Dhanasar's first prong.