Published AAO appeal decisions

A systems analyst in IT sought NIW classification claiming deeply different services than ordinary analysts and critical breakthroughs in e-commerce security. The AAO dismissed, adopting the director's finding that the proposed endeavor lacked national importance; the petitioner's contributions to fraud prevention and autotech were not substantiated and did not demonstrate impact on the IT field broadly.

An international dental graduate sought EB-2 classification with national interest waiver for establishing a dental practice. The AAO dismissed the appeal, finding the proposed endeavor lacked documented national importance and would primarily benefit the petitioner and his patients without broader implications for the dental field.

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

Chef and entrepreneur seeks EB-2 NIW for culinary field ventures. AAO held proposed endeavor was vague, mixing consulting, social projects, and teaching without specificity. Culinary background did not demonstrate positioning for business management or consulting, failing Dhanasar prongs one and two.

An early-childhood educator sought EB-2 classification with national interest waiver. The AAO found the petitioner categorically ineligible for EB-2 and dismissed the appeal because the proposed endeavor was inconsistently articulated between filings, preventing analysis under Dhanasar.

International tax specialist sought NIW for work with foreign investors establishing U.S. companies. AAO dismissed appeal, holding petitioner conflated personal qualifications with endeavor requirements; proposed endeavor lacked demonstrated broader implications necessary for national importance under Dhanasar.

Foreign legal consultant sought EB-2 NIW to work as lawyer and consultant facilitating US-Brazil legal trade. Petitioner established advanced degree and professional credentials but failed to show the proposed endeavor would impact the legal field or economy nationally; work would benefit only her clients, not advance the field broadly.

Early childhood and elementary school teacher seeking national interest waiver for EB-2 classification. Petitioner claimed Portuguese teaching role had national importance. AAO found endeavor lacked demonstrated national importance and broader field implications required by Dhanasar; appeal dismissed.

Self-petitioner, project manager and entrepreneur in technology transfer, sought EB-2 with NIW. Claimed ability to establish consulting business facilitating technology commercialization. AAO affirmed denial because proposed endeavor lacked national importance; industry reports addressed sector broadly, not specific business impact.

Self-petitioner, educational consultant with advanced degree seeking EB-2 NIW for early intervention educational services. Claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor has merit but lacks national importance; services limited to prospective students without documented broader industry impact.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.

Self-petitioner entrepreneur seeks national interest waiver to operate used car dealership in Texas or Florida. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's business and no substantial positive economic effects, thus failing to establish NIW eligibility.

A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).

Software developer holding advanced degree sought national interest waiver for EB-2 self-employment endeavor. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar framework; specific undertaking failed to demonstrate broader implications beyond local clients and business.

Professional with advanced degree developing a business sought EB-2 with national interest waiver. The AAO affirmed the director's finding that petitioner failed to demonstrate national importance of her specific business endeavor, as she did not show it would sufficiently impact relevant industries or the broader U.S. economy.

Psychoanalyst sought EB-2 advanced degree classification with national interest waiver to provide counseling services through her own clinic. Director found advanced degree qualification but denied waiver. AAO affirmed, holding proposed endeavor lacked national importance; specific counseling services would not impact field broadly or generate substantial economic effects beyond individual clients.

Attorney and tax law specialist seeks NIW for self-employment in legal and tax consulting focused on international trade. AAO dismissed appeal, finding the proposed endeavor lacked national importance, failing the first Dhanasar prong because it would not impact the tax or business law field beyond her direct clients.

Business process engineer sought NIW for consulting venture. AAO reversed director's EB-2 eligibility denial, finding petitioner qualified with bachelor's degree plus five years progressive experience. However, proposed business lacked national importance because specific endeavor would not impact field broadly or achieve national economic significance.

Physical therapist sought NIW for mobile therapy clinic serving underserved patients. Petitioner claimed national importance based on serving low-income areas and future staffing plans. AAO dismissed, finding proposed local clinic lacks national or global implications; employment projections insufficient.

A business and financial analyst from Brazil seeks NIW status to operate a consulting business advising U.S. companies on Brazil business matters. The AAO found the endeavor had substantial merit but lacked national importance, as the benefits would not extend beyond specific clients or impact the financial industry broadly.

A human resources manager seeking EB-2 classification with national interest waiver claimed her consulting business would generate jobs and share HR knowledge. The AAO held that she failed the first Dhanasar prong because her specific proposed endeavor lacked evidence of national importance, employment potential, or economic impact beyond generalized industry articles.

Tourism entrepreneur sought EB-2 NIW. AAO dismissed after finding petitioner lacks required five years post-degree work experience and proposed endeavor lacks national importance. Specific endeavor too vague; general tourism industry importance insufficient.

A financial manager established a real estate consulting company to promote affordable and sustainable housing. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because the business plan showing only six jobs over five years and consulting services does not demonstrate impact rising to the level of national importance required under Dhanasar.

Dentist and entrepreneur seeking NIW for planned dental practice providing seven service categories. Claimed endeavor has substantial merit as healthcare service but lacks national importance; scope limited to individual patients without demonstrable broader industry impact. Appeal dismissed.