Published AAO appeal decisions

A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.

Pilot with advanced degree seeking EB-2 NIW classification changed proposed endeavor significantly in response to RFE rather than establishing national importance of initial petition. AAO found material change impermissible and that original pilot/airline captain endeavor lacked sufficient detail and documentation to demonstrate substantial merit and national importance.

Exercise physiologist sought EB-2 with national interest waiver for wellness company. Claimed professional importance and patient testimonials. AAO dismissed appeal, finding petitioner failed to demonstrate endeavor's national importance; publications addressed profession generally not specific endeavor; patient letters and credentials showed limited impact.

Mental health counselor with advanced degree sought NIW for independent practice. Petitioner argued field importance and her expertise; AAO affirmed denial because proposed solo practice lacked national importance, operating only at individual patient level without business plan, projections, or broader regional or national impact.

Civil engineer and entrepreneur sought NIW for affordable residential and commercial real estate development. Possessed advanced degree and proposed endeavor had substantial merit but lacked national importance; record insufficient to demonstrate impact beyond local Florida community.

Information technology entrepreneur seeks NIW for EB-2. Petitioner proposed data analytics consulting helping small businesses use cutting-edge tools. AAO dismissed appeal, finding working in important field insufficient to establish national importance; no corroborating evidence of client scope, growth claims, or impact extending beyond himself and clients to broader field or economically depressed areas.

A marketing manager and entrepreneur sought EB-2 NIW to establish a digital marketing consulting agency in Florida. The AAO dismissed the appeal, finding the business had substantial merit but lacked national importance as required by the first Dhanasar prong; the endeavor would only benefit the petitioner's clients, not the broader field.

Physical therapist and entrepreneur seeking EB-2 NIW to develop and operate physical therapy clinic in Florida with expansion plans. Petitioner submitted business plan claiming national importance through job creation and economic impact. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor and was not well positioned to advance it.

Employer-sponsored petroleum engineer sought EB-2 NIW to continue current role. Advanced degree requirement met. AAO dismissed appeal; petitioner failed to articulate specific proposed endeavor distinct from general job duties and did not demonstrate national importance beyond occupational significance.

Medical products sales and distribution specialist seeks NIW for EB-2. Petitioner proposed marketing consulting business with employee creation and training activities. AAO dismissed appeal, finding job creation and revenue insufficient to establish substantial positive economic effects at national level and training activities lack broader field implications beyond company participants.

Financial consultant seeking EB-2 national interest waiver. AAO found petitioner failed to establish national importance of specific endeavor. Evidence regarding finance industry importance did not demonstrate how petitioner's specific work benefits nation broadly, only employer and clients.

Business and financial consultant with advanced degree sought NIW to provide consulting and trade partnership services in South Florida. AAO held petitioner failed to establish national importance because his specific endeavor lacks broader implications and revenue projections do not demonstrate substantial positive economic effects.

Lawyer-entrepreneur sought EB-2 with national interest waiver. AAO found substantial merit in proposed legal services business but dismissed appeal because national importance not demonstrated. Revenue and job projections lacked credible support and regional impact insufficient for national significance.

Pharmacist seeks EB-2 NIW to work in clinics treating elderly patients with comorbidities. AAO held endeavor lacks national importance; treating specific populations in particular settings does not constitute national-level impact regardless of occupational shortage or industry importance.

Nurse seeking EB-2 with NIW claimed her elderly care work would benefit the United States. AAO affirmed denial, finding her proposed endeavor lacked national importance under Dhanasar; specific work in one healthcare setting did not demonstrate field-wide impact.

Information technology consultant with advanced degree sought NIW for software development and tracking technologies consulting company. AAO held petitioner failed to establish national importance because his proposed endeavor lacks broader implications for the field or substantial positive economic effects beyond client services.

Financial manager and entrepreneur seeking EB-2 with NIW to establish financial management consulting business. Claimed endeavor has national importance through economic benefits. AAO affirmed denial: endeavor lacks national importance despite substantial merit; no corroborating evidence of broader impact required by Dhanasar framework.

Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

A manager and lawyer sought national interest waiver for immigration consulting business. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it, lacking immigration law credentials and prior business ownership experience.

Entrepreneur in physical education sought NIW for martial arts academy serving athletes with special needs. AAO dismissed because petitioner did not qualify for underlying EB-2 (insufficient post-baccalaureate experience) and proposed endeavor lacked demonstrated national importance despite substantial merit.

Change management specialist in human resources seeking EB-2 with NIW to establish consultancy serving small and medium businesses on diversity and inclusion. Demonstrated strong professional record. AAO affirmed denial: lone consultancy business lacks national importance; individual accomplishments relate to personal qualifications, not endeavor impact required by Dhanasar.

Physical therapist with advanced degree sought national interest waiver for EB-2. AAO found the proposed endeavor lacks demonstrated national importance and applicant failed to show she is well-positioned to advance it. Appeal dismissed.

Church and homeschool teacher sought EB-2 with NIW. AAO dismissed appeal, finding petitioner qualified as advanced degree holder but failed to establish national importance of teaching endeavor, which only benefits individual students, not broader education system.

Financial analyst sought EB-2 with national interest waiver. AAO affirmed denial, finding the proposed endeavor lacked national importance despite meeting some regulatory criteria. Work benefited only individual employers, not the field broadly or the nation.