Published AAO appeal decisions

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.

Warehouse general manager and plant safety manager sought NIW classification. AAO held proposed managerial work, though demonstrating substantial merit, lacks national importance because it does not show impact beyond prospective employer, industry-wide influence, or significant U.S. job creation or economic effects.

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

A permanent makeup artist, trainer, and salon owner proposed operating an aesthetic beauty salon and training center, claiming exceptional ability and national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; claimed free cancer patient services represented a material post-filing change and prior experience primarily addressed a different Dhanasar prong.

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

Entrepreneur and regulatory affairs manager with environmental engineering degree seeks NIW for EB-2 classification. Petitioner claimed endeavor consulting on medical device regulations has national importance due to field growth and job creation. AAO found substantial merit but dismissed; working in important field does not establish national importance of specific endeavor.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.

Entrepreneur in financial consulting holding advanced degree applied for EB-2 with NIW under Dhanasar framework. Director found substantial merit but denied national importance; AAO affirmed. Petitioner's consulting business lacked evidence of specific endeavor having prospective impact beyond own clients and employees.

Finance entrepreneur seeks NIW for consulting company connecting Brazilian investors to US financial products. Claimed substantial merit and national importance. AAO found specific proposed endeavor lacked demonstrated national importance despite broad industry relevance.

Accountant sought EB-2 NIW for tax and business services to companies and individuals. AAO dismissed: while endeavor has substantial merit, petitioner failed to show broader national or global impact required for national importance. Government initiatives and industry developments do not establish her specific endeavor's national importance.

Entrepreneur and coach specialist with exceptional ability sought NIW for business consulting services in training and development. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance required under Dhanasar; declined to address second and third prongs.

A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was dismissed.

Civil project manager sought NIW under Dhanasar framework. AAO agreed proposed endeavor lacked national importance because petitioner did not demonstrate broader implications to construction or infrastructure beyond specific clients. Opinion confuses petitioner's qualifications with endeavor characteristics.

An occupational health and safety specialist sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of her proposed endeavor because she did not demonstrate how her work would impact the field broadly or have prospective broader implications.

Civil engineer seeks EB-2 NIW to develop low-income housing construction company. AAO held proposed endeavor has substantial merit but lacks national importance. General importance of construction field and housing shortage insufficient; petitioner failed to demonstrate his specific venture would generate substantial positive economic effects.

Physical therapist from Costa Rica sought EB-2 NIW. AAO held the endeavor lacked national importance because the petitioner relied on past accomplishments and general field importance rather than demonstrating prospective impact of a specific proposed endeavor.

Systems engineer seeking NIW for EB-2 claimed his work in IT sustainability has national importance. AAO held the proposed endeavor lacks sufficient prospective impact on the economy and does not demonstrate national importance, despite articles about the industry's relevance.

Computer science research assistant sought EB-2 classification with national interest waiver. Director denied petition; petitioner appealed. AAO dismissed, holding proposed endeavor lacked national importance; record contained no specific projects, insufficient job creation documentation, and absent analysis of prospective positive economic impacts required for national importance finding.

Electrical engineer sought EB-2 NIW to own and operate a solar energy engineering business in Florida. AAO held the specific endeavor lacks national importance despite the importance of the solar energy field; unsupported claims of hiring and economic benefits do not meet Dhanasar's first prong.

Veterinarian sought EB-2 NIW for K9 detection dog veterinary services business. While endeavor had substantial merit and petitioner held advanced degree and demonstrated competence, the proposed work would not impact veterinary medicine industry or economy beyond serving specific clients.

An aeronautical engineer holding an advanced degree sought EB-2 national interest waiver. The AAO found him eligible for underlying EB-2 classification but concluded his proposed endeavor lacked national importance under Dhanasar's first prong, as his work benefited only his employer without demonstrating broader industry impact or significant U.S. employment potential. The appeal was dismissed.

Self-petitioner entrepreneur sought EB-2 NIW to provide consulting services and software system to small businesses. AAO dismissed appeal because the proposed endeavor lacked national importance, affecting only his company and clients, not the broader entrepreneurship or economy; personal statements lacked corroborating evidence.

Finance manager with Brazil business expertise seeks NIW for EB-2 to establish consulting company. Business plan projects 23 staff and 41 direct jobs in year five. AAO holds proposed endeavor lacks national importance; modest job creation in large industry does not constitute substantial positive economic effects, and no showing of broader impact beyond company and customers.

Training specialist sought NIW for self-sponsored business in corporate training and development. Petitioner claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor lacks national importance; revenue projections and modest employment forecasts do not demonstrate substantial economic impact.