Published AAO appeal decisions

A truck driver and business owner in road transport and logistics sought EB-2 classification and national interest waiver. The AAO held his proposed occupation does not qualify as a profession requiring an advanced degree under EB-2 standards, rendering him ineligible for the waiver.

A speech-language pathologist with a master's degree sought EB-2 NIW, proposing research in speech pathology. The AAO found the endeavor had substantial merit and national importance but rejected the petition because the petitioner failed to establish she was well-positioned to advance it; her publications lacked citations, letters came largely from associates, and evidence did not demonstrate sufficient research success or industry interest.

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

Marketing manager seeking EB-2 NIW for business focused on navigating Brazilian regulatory and financial matters claimed national importance through industry expertise and job creation. AAO held specific endeavor lacks national importance because applicant provided no documentation of prospective impact on field, business plan projections insufficient to demonstrate national economic significance.

A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.

An agricultural sales representative seeking EB-2 national interest waiver for sales employment. AAO affirmed that proposed activities lack national importance despite projected job creation and increased agricultural product exports, because record failed to establish national significance or industry advancement.

Business analyst with advanced degree sought national interest waiver for EB-2 to start financial consulting startup. AAO found proposed endeavor lacks national importance due to inconsistent business descriptions, unresolved evidentiary gaps, and lack of industry documentation. Appeal dismissed.

A civil engineer sought EB-2 advanced degree classification with NIW. The AAO accepted advanced degree eligibility but dismissed the petition because the petitioner failed to consistently articulate a single, well-defined proposed endeavor, preventing meaningful analysis of its merit, national importance, or positioning.

Physical therapist seeking EB-2 NIW to practice physical therapy, focusing on low-income families with disabilities. AAO held DOL Schedule A designation of occupation does not establish national importance; localized benefits to specific individuals do not rise to required national importance level under Dhanasar.

Physical therapist seeking EB-2 with NIW to operate business providing therapy services. Claimed national importance based on profession shortage. AAO affirmed denial: shortage of practitioners does not establish national importance of specific endeavor; individual clinical practice lacks broader implications required by Dhanasar framework.

Cellist seeking EB-2 NIW based on claimed prestigious status and intent to establish a quartet. Petitioner relied on prior awards, degrees, and membership to show exceptional ability. AAO affirmed dismissal, finding petitioner did not establish that endeavor has national importance; recognition was largely confined to Florida, not international.

Business administration specialist sought NIW under EB-2 for produce import and distribution endeavor. Petitioner claimed industry knowledge and hiring would demonstrate national importance. AAO held the specific endeavor lacks national importance; industry importance alone insufficient; projected economic benefits do not reach substantial national or regional economic effects required by Dhanasar.

Legal consultant with advanced degree sought national interest waiver for consulting work supporting U.S. small and medium enterprises in internationalization. AAO found endeavor has substantial merit but lacks national importance; modest job creation projections insufficient to demonstrate prospective impact at national level. Appeal dismissed.

Marketing manager with 15 years experience in Brazil sought NIW for self-owned marketing business. Petitioner claimed national importance based on job creation and economic impact. AAO affirmed denial because proposed endeavor lacked sufficient evidence of national importance or broader industry impact beyond serving clients.

Electrical engineer with advanced degree seeks national interest waiver for employment in energy systems management. AAO dismissed the appeal, finding the petitioner failed to establish that his proposed endeavor has national importance, as his work would not impact the broader field or economy.

A distance education specialist sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit but no national importance. The proposed endeavor impacts only individual students or clients, not the broader field. Applicant also lacks U.S. market knowledge and independent consulting experience.

Physical education instructor sought EB-2 with national interest waiver to operate a fitness training company. AAO affirmed denial, finding the proposed endeavor lacked substantial merit and national importance. No evidence demonstrated growth projections, industry impact, or original innovations in fitness and wellness.

Entrepreneur and business developer sought EB-2 with national interest waiver for multiple business ventures. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; petitioner failed to demonstrate prospective impact beyond company operations or substantial national economic benefits.

Business administrator sought NIW under EB-2. Petitioner qualified as advanced degree professional but failed national importance prong. AAO dismissed, finding individual business consulting lacks substantial prospective economic effects or broader field impact required by Dhanasar.

An IT entrepreneur seeking EB-2 with NIW. AAO dismissed the appeal, holding the proposed endeavor lacked national importance under Dhanasar's first prong because the petitioner failed to establish how specific services would resolve IT worker shortages or create impacts rising to national importance, relying improperly on industry importance rather than endeavor specifics.

Computer user support specialist seeks NIW for EB-2. Petitioner asserted expertise and field importance; claimed endeavor to help organizations implement IT systems nationally. AAO dismissed appeal, finding no evidence the specific endeavor extends beyond client organizations to impact IT industry or economy broadly at national importance level.

A computer network manager proposed advancing his career and disseminating knowledge to field professionals, claiming STEM field status and regional-national impact. The AAO held his endeavor lacks national importance because benefits are limited to employer and clients without probative evidence of broader field impact or job creation details.

A lawyer seeking EB-2 national interest waiver to continue legal practice. AAO held the proposed endeavor lacks substantial national importance under Dhanasar because it would not impact the field or economy broadly, create significant jobs, or show prospective economic effects beyond her future employer.

Vocational training and career development specialist with advanced degree sought EB-2 and NIW for employment services industry work. AAO dismissed appeal; petitioner demonstrated substantial merit but not national importance, as proposed endeavor would benefit specific clients rather than advance industry or economy at national level.

Dentist seeking NIW for EB-2 advanced degree classification to operate clinic in underserved region. Claimed endeavor addresses shortage of dental services and has economic benefits. AAO dismissed appeal, finding individual dental practice lacks national importance required by first Dhanasar prong.