Published AAO appeal decisions

An entrepreneur in business management and general operations management sought a national interest waiver. AAO dismissed because the consulting business lacked national importance; helping clients maximize profitability and creating local employment did not extend beyond his clientele to impact the field or economy broadly.

Mechanical engineer seeking national interest waiver for EB-2 exceptional ability classification. Petitioner proposed either employment or founding consulting startup. AAO found proposed endeavor lacked specific national importance; generalized industry references insufficient under Dhanasar; appeal dismissed.

An entrepreneur seeking EB-2 NIW for a freight trucking business claimed national interest based on job creation and economic growth. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of prospective impact extending beyond the company and its customers to demonstrate national importance.

A certified flight instructor curriculum developer sought EB-2 NIW, claiming the endeavor would modernize pilot training and address national pilot shortages. The AAO dismissed, finding insufficient evidence that her specific teaching methods would extend beyond her institutions or impact the aviation field broadly.

Project management specialist with advanced master's degree seeks EB-2 NIW for self-employment in urban infrastructure development. Director found substantial merit but no national importance. AAO affirmed, holding proposed endeavor lacks national scope or broader implications beyond applicant's own business, and lacks sufficient evidence of prospective impact or regional benefit.

Healthcare and life sciences manager with MBA seeking NIW for training company addressing life sciences talent shortage. Qualified as advanced degree professional. AAO dismissed because proposed endeavor lacks documentary evidence of impact on hiring challenges at national level; focus on specific company rather than broader field advancement.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Energy systems engineer sought NIW for solar-thermal and energy efficiency work. Lacked required DOL forms and made material post-filing changes to proposed endeavor. AAO dismissed for missing initial evidence and material changes to claimed endeavor.

Senior hardware engineer seeking NIW for EB-2 classification. Proposed research in integrated circuit design. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor, showing only past research accomplishments without demonstrating broader prospective impact required by Dhanasar first prong.

An architect and sustainable construction consultant sought EB-2 classification with national interest waiver. The AAO affirmed denial because although he qualified as an advanced degree professional and his field had merit, his consulting practice lacked national importance; impact would be limited to individual clients rather than advancing the broader construction industry.

Entrepreneur in financial management sought EB-2 advanced degree classification with national interest waiver. Director denied petition on national importance grounds. AAO affirmed, finding proposed endeavor providing financial consulting to small businesses did not demonstrate national importance; no specific evidence of job creation, broader field impact, or substantial economic effects required by Dhanasar.

A food service entrepreneur from Brazil sought NIW classification to establish a business in the United States. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of national importance required under Dhanasar, as it showed no significant potential to employ U.S. workers or generate substantial economic effects beyond the petitioner's prospective clientele.

An oil and gas project manager sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance because the petitioner relied on industry significance rather than specific prospective impact of his individual work.

Software developer sought NIW for sustainable software development services to small businesses. Petitioner claimed national importance through multiple documentary pieces and field benefits. AAO dismissed, finding proposed endeavor lacks national importance; submitted materials describe industry importance, not specific endeavor impact.

Economist seeking EB-2 classification with national interest waiver for business venture addressing housing affordability and homelessness. Claimed substantial merit and submitted articles on housing policy. AAO dismissed, finding petitioner failed Dhanasar first prong: industry importance and government priorities do not establish national importance of the specific proposed endeavor itself.

A registered nurse sought EB-2 NIW to work and train nurses in Florida while pursuing a doctoral degree in nursing practice. The AAO dismissed the appeal because the petitioner failed to demonstrate that her work would have national importance beyond benefiting her individual patients and trainees.

Executive assistant sought EB-2 NIW with goal of event management role. Petitioner significantly changed proposed endeavor from initial petition to RFE response, creating ambiguity. AAO found endeavor could not be analyzed under Dhanasar framework due to inconsistent articulation.

Airline pilot sought NIW for EB-2 classification under advanced degree. Petitioner initially proposed aviation security instruction, then shifted to airline pilot work. AAO dismissed appeal because proposed endeavor lacked consistency and failed national importance requirement; teaching and pilot work lack sufficient broader implications.

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Public relations consultant seeking NIW. Claimed substantial merit and national importance of public relations services endeavor. AAO found applicant failed first prong because evidence showed intention to work in field but lacked sufficient documentation of prospective impact rising to national importance level.

A mechanical engineer proposed to work in heavy equipment maintenance and repair. AAO dismissed the appeal because the proposed endeavor lacked national importance; it would impact only his customers and employers, not the automotive industry broadly, and showed no significant U.S. job creation or economic benefits.

Logistics business owner sought EB-2 NIW. AAO dismissed the appeal, holding that while the endeavor has substantial merit, it fails the national importance prong because benefits to individual clients do not rise to national impact or demonstrate substantial positive economic effects.