Published AAO appeal decisions

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

Accounting specialist sought EB-2 with national interest waiver for a startup accounting services company. Advanced degree qualification was not disputed. AAO held the proposed endeavor lacked national importance because routine accounting services would benefit only generalized clients without broader economic impact.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Entrepreneur seeking EB-2 with NIW for financial management consultancy claimed substantial merit and national importance. AAO held endeavor lacked national importance because projected job creation was nominal for a large county and petitioner failed to demonstrate broad field impact or substantial economic effects.

An airline pilot seeking EB-2 classification with NIW based on proposal to teach flight instruction claims his endeavor has national importance. AAO held the proposed endeavor lacks national importance because evidence does not show impact on field or economy beyond individual students, thus failing first prong of Dhanasar; appeal dismissed.

Educational consultant and geography education researcher with advanced degree claimed NIW for teaching and GIS research at university. AAO found proposed endeavor lacked specificity and failed to demonstrate national importance beyond university setting. Appeal dismissed.

A financial analyst sought EB-2 classification with a national interest waiver. The AAO found he did not qualify as an advanced degree professional and, alternatively, that his proposed financial analyst role lacked national importance because it would benefit only his clients and employers, not the industry or economy broadly.

An industrial technician without underlying EB-2 exceptional ability qualification sought NIW for a construction and mechanical maintenance company. The AAO dismissed, finding neither exceptional ability met nor national importance shown; claimed job creation and economic benefits lacked evidentiary basis and field-level innovation.

An entrepreneur in early childhood education sought EB-2 with NIW for an educational services firm projecting 79 jobs and $20 million revenue. The AAO dismissed, finding the petitioner failed to establish advanced degree eligibility and that the endeavor lacked national importance; projected job creation and sectoral impact were insufficient and unsubstantiated by evidence.

An entrepreneur with foreign business degree sought EB-2 NIW to open a supermarket in Florida. The AAO dismissed because opening a supermarket lacks national importance despite job creation and revenue projections; lacks broader implications for the food distribution field.

An accountant sought EB-2 NIW proposing diversified accounting and consulting services to enhance U.S. company efficiency. The AAO dismissed, agreeing her endeavor has substantial merit but finding insufficient evidence demonstrating national importance because benefits to small businesses lack the requisite substantial positive economic effects.

Business professional seeking NIW based on work as business development director in Florida. Petitioner claimed national importance of endeavor through articles and experience. AAO held proposed endeavor lacks national importance; evidence addresses petitioner's skills, not specific endeavor's field-wide impact or economic benefits.

Subsea engineer sought EB-2 national interest waiver for petroleum engineering role. Petitioner cited clean energy importance and industry reports. AAO held the field's national importance did not establish his specific endeavor's national importance; no evidence of projected economic impact or employment generation from his services.

International financial specialist with advanced degree sought NIW for specialized services in foreign exchange and fraud prevention. AAO found proposed endeavor lacks national importance; benefits do not extend beyond prospective employers or clients to impact broader industry. Appeal dismissed.

A climate scientist sought EB-2 NIW classification. The AAO found the endeavor of improving climate models has substantial merit and national importance, meeting the first prong. However, the petitioner failed to establish he is well-positioned to advance it, and the balance prong was not reached. Appeal dismissed.

Mechanical engineer proposed work in advanced technologies and energy-smart building systems. AAO dismissed appeal, adopting Director's decision; petitioner provided vague endeavor description lacking specific project details, activities, or evidence demonstrating national importance or positioning to advance it.

Clinical and counseling psychologist claiming EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding applicant failed to demonstrate by preponderance of evidence that she is well positioned to advance proposed endeavor under Dhanasar second prong, making waiver ineligible.

A business professional sought EB-2 classification with national interest waiver for a business plan emphasizing employment creation and economic growth in a depressed area. The AAO dismissed the appeal, finding substantial merit but rejecting national importance; the endeavor's benefits were regional, not national, and did not address the field broadly.

Industrial engineer seeking EB-2 NIW claimed his engineering firm endeavor had national importance. The AAO affirmed dismissal, finding the endeavor lacked requisite national importance despite substantial merit. Changing role descriptions and absence of prospective broader field impact precluded waiver.