Published AAO appeal decisions

International financial advisor sought NIW as EB-2 advanced degree professional. AAO held that specific proposed financial management work, though from important field, lacks sufficient national importance because record did not demonstrate prospective impact on field, significant job creation, or substantial economic benefits at required threshold.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Self-petitioner in financial management consulting sought NIW for proposed Florida consulting business. AAO affirmed denial because the specific proposed endeavor lacked demonstrated national importance; general industry value, occupation importance, and claimed community contributions were insufficient without concrete evidence of broader implications or substantial economic effects.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

Human resources management professional holding advanced degree sought EB-2 national interest waiver. Petitioner established advanced degree eligibility and substantial merit but failed to demonstrate national importance of proposed HR endeavor, relying on credentials rather than prospective impact evidence.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

A CEO sought NIW for EB-2 claiming national importance of his business endeavor. AAO dismissed appeal, finding the proposed venture lacked national importance because its impact would be limited to the employer and clients, not the broader field.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

A commercial manager seeks NIW for EB-2 to work as commercial management consultant for U.S. businesses. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar first prong; petitioner failed to show broad field impact or exceptional economic effects, dismissing appeal.

An aviation pilot sought EB-2 classification with a national interest waiver for his proposed work training regional and charter airline pilots. The AAO affirmed dismissal because the pilot failed to establish that his specific endeavor had national importance, as the training would not impact the aviation field broadly or yield substantial positive economic effects.

Specialist in private equity and international capital markets seeking national interest waiver for EB-2 self-petition. Petitioner claimed national importance of foreign investment endeavor. AAO dismissed because proposed endeavor lacked specificity and evidence addressed field-level importance rather than specific endeavor impact.

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Agronomist engineer sought EB-2 advanced degree classification and NIW. AAO affirmed denial because proposed endeavor lacked national importance; petitioner failed to articulate specific projects or goals beyond routine occupational duties that would demonstrate broader industry impact.

Business consultant sought EB-2 with national interest waiver for consulting on Brazilian law and export issues. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; general field importance does not establish specific endeavor merit.

Entrepreneur in frozen fruit distribution sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; evidence of frozen fruit industry demand does not demonstrate specific endeavor has broader field implications.

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Music director seeks NIW under EB-2 advanced degree or exceptional ability classification. AAO affirmed denial: endeavor has substantial merit but lacks national importance; revenue and employment projections insufficient to demonstrate substantial positive economic effects at national or regional level.