Published AAO appeal decisions

Industrial engineer sought EB-2 with national interest waiver to provide machinery maintenance and engineering services. AAO dismissed appeal, finding the proposed endeavor lacks national importance as it would not extend beyond the company and its clients to impact the industry broadly.

A fitness director proposing to provide fitness services through her business in Florida. Director found substantial merit but not national importance. AAO agreed; petitioner's services and business lack prospective impact beyond direct clients and do not rise to national importance level.

Architect sought EB-2 with NIW for proposed venture in affordable disaster-resilient housing. AAO agreed substantial merit established but affirmed denial, finding petitioner conflated national importance of field with national importance of specific proposed venture; no demonstrated prospective impact.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

A pharmacist sought EB-2 NIW for establishing a pharmaceutical consulting company. The AAO found the proposed endeavor had substantial merit but failed the national importance prong because the petitioner did not demonstrate how the specific consulting services would impact the pharmaceutical industry or broader economy at a national level.

Construction operations manager sought EB-2 national interest waiver for project management business. AAO dismissed, finding proposed endeavor lacked national importance; petitioner's construction experience and business plan projecting eight new jobs insufficient to show impact beyond company and clients or substantial economic effects.

Home health aide sought NIW as EB-2. Petitioner claimed her services would improve patient outcomes, reduce healthcare facility burden, and promote economic growth. AAO found substantial merit but denied national importance because work would not demonstrate impact beyond individual patients or meaningful support of regional or national initiatives.

A civil engineer sought NIW to operate a construction and sustainability consulting company. The AAO dismissed the appeal, finding substantial merit but no national importance; claimed worker shortage and industry importance insufficient without evidence of this specific endeavor's projected economic impact or broader field implications.

General operations manager sought NIW to own and operate virtual specialty food distribution market. AAO affirmed denial because petitioner failed to establish national importance; proposed endeavor lacked evidence of broader impact on industry, business formation, or substantial economic effects beyond her company.

A financial manager sought EB-2 classification with NIW for a business providing financial management services to small and medium enterprises. The AAO dismissed, finding the endeavor lacked both national importance and demonstrated positioning, as benefits were limited to direct clients without national implications.

Entrepreneur sought EB-2 national interest waiver for refrigeration equipment sales and service business. AAO dismissed appeal, finding proposed endeavor lacks national importance: generalized industry information irrelevant; employment of eighteen workers and local benefits insufficient to demonstrate broader implications or substantial national economic effects.

Human resources manager sought EB-2 with NIW to own and operate HR consulting firm as CEO. AAO affirmed denial, finding proposed endeavor lacks national importance; credentials and business projections do not demonstrate impact beyond prospective clients and company.

Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.

An entrepreneur in physical therapy sought self-petitioned EB-2 NIW to operate a mobile physical therapy clinic with training programs. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; the endeavor lacked broader implications for the field beyond direct patient and trainee benefits.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

Information technology consultant proposing software development and tracking technology consulting company, seeking EB-2 with national interest waiver. Claimed endeavor has national importance given IT industry criticality and software engineer shortage. AAO found no sufficient evidence demonstrating proposed endeavor would substantially impact national shortages or offer broader field implications.

Audiovisual production entrepreneur sought NIW for business marketing small and medium enterprises in underserved areas. AAO dismissed appeal, finding substantial merit but no national importance. Unsubstantiated projections and lack of demonstrated broader field impact failed Dhanasar first prong.

Entrepreneur in logistics operations sought NIW as EB-2 advanced degree professional, proposing to establish a freight transport company. AAO dismissed appeal, finding petitioner lacked five years progressive experience and proposed endeavor lacked national importance despite job creation and revenue claims.

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

Legal consultant in Brazilian and international law sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner's specific endeavor lacked national importance under Dhanasar's first prong despite petitioner's substantial credentials and field importance.

An entrepreneur in home health care sought NIW under EB-2 as advanced degree professional. The AAO found the proposed business demonstrated substantial merit but lacked national importance; projected revenues and jobs were insufficient to show broader field or regional economic impact. Appeal dismissed.