Published AAO appeal decisions

Financial advisor sought NIW under EB-2 for commercial director position. Petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. AAO dismissed, finding business plan lacked credibility and specific endeavor lacked broader field implications.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.

Legal analyst and entrepreneur with advanced degree seeking EB-2 NIW classification proposed business endeavor in legal field. AAO agreed with director that although endeavor had substantial merit, national importance was not established because benefits were isolated to petitioner's company and clients without broader impact on the legal field at national level.

An education administrator and entrepreneur sought NIW for an EB-2 educational services business. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field beyond direct students and clients, dismissing the appeal.

Food service manager and entrepreneur sought EB-2 NIW to establish bakery in Florida featuring Brazilian cuisine. Claimed substantial merit and national importance. AAO found industry important but proposed endeavor lacked national importance: independent bakery lacks prospective impact beyond customers; insufficient evidence of economic effects.

Chemical engineer and researcher self-petitioner seeking EB-2 NIW based on proposed endeavor in chemistry field. Claimed substantial merit and national importance. AAO affirmed denial because proposed endeavor lacked national importance and amounted to a job search without broader implications for the field.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

An aircraft pilot sought NIW for EB-2 to provide aviation services. The AAO affirmed dismissal because the specific endeavor lacked national importance despite aviation industry significance; proposing to employ seven workers in Florida with inconsistent business documentation insufficient to demonstrate broader field impact or substantial economic effects.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Sales executive and entrepreneur sought EB-2 with national interest waiver for medical supply consulting business. AAO affirmed denial, finding petitioner not well-positioned to advance endeavor despite meeting first prong. Insufficient evidence of success in U.S. market or customer interest.

Marketing manager in health consultancy field with advanced degree seeks EB-2 NIW for proposed work assisting U.S. companies with branding and management optimization. Director found substantial merit. AAO affirmed denial, holding proposed work lacks national importance because it does not impact field broadly or create substantial economic effects beyond individual client transactions.

A drilling engineer in oil and gas sought NIW EB-2 classification intending to continue current employment. The AAO found the engineer must define a specific endeavor and failed to establish national importance; relying on industry importance and economic ripple effects is insufficient.

Business administrator sought EB-2 with NIW for consulting company helping businesses avoid closure. AAO dismissed appeal, finding substantial merit but no national importance; petitioner failed to demonstrate impact beyond company clientele or substantial U.S. job creation.

A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.

An insurance brokerage entrepreneur sought NIW under EB-2. The AAO agreed the endeavor had substantial merit but found it lacked national importance because benefits were largely local to the business, not extending broadly to impact the field, dismissing the appeal.

Physical therapist and entrepreneur sought EB-2 with national interest waiver. Claimed endeavor had national importance due to field shortage and business expansion plans. AAO dismissed appeal, finding specific proposed endeavor lacked national importance; evidence addressed petitioner's credentials rather than endeavor's prospective impact.

Self-petitioner, accountant and entrepreneur, proposed tax planning and customs trade consultancy business and sought national interest waiver. AAO found the endeavor lacked national importance and that petitioner failed to establish EB-2 eligibility due to insufficient post-baccalaureate experience. Appeal dismissed.

An attorney sought EB-2 national interest waiver for international arbitration legal advisory work. The AAO found the proposed endeavor materially changed in response to RFE, lacked detailed initial description, and failed to demonstrate national importance beyond assisting individual clients despite evidence of ADR field merit. Appeal dismissed.

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural field.

Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.

A financial manager sought EB-2 NIW classification proposing to advance financial management services for U.S. businesses. The AAO rejected the claim that the proposed endeavor had national importance, finding the applicant provided insufficient evidence of specific impact, scope, viability, or economic benefit. Appeal dismissed.

A public policy consultant proposed independent consulting on international development and U.S. firm partnerships in developing countries. The AAO held her endeavor lacks national importance; while work has substantial merit, it does not extend beyond her consulting clientele to impact the field or U.S. economy at a national level.