Published AAO appeal decisions

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

Self-petitioning pilot seeks NIW as EB-2 advanced degree or exceptional ability professional. Failed to qualify for underlying EB-2 classification (only two of six criteria met). AAO dismissed; pilot work as proposed lacks substantial merit and national importance; endeavor insufficiently documented and explained.

Civil engineer sought EB-2 national interest waiver for residential construction business venture. Director found petitioner qualified as advanced degree holder but waiver failed. AAO agreed petitioner did not establish national importance under Dhanasar first prong; construction work lacked broader field implications.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A professional with advanced degree sought national interest waiver for EB-2. The petitioner's motions to reopen and reconsider were dismissed because insufficient new evidence was presented. The AAO affirmed that letters of support and industry evidence did not establish the specific proposed endeavor had national importance under Dhanasar's first prong.

An IED disposal officer sought EB-2 NIW claiming expertise in security and real estate investment. The AAO dismissed because the applicant failed to specify the actual endeavor; vague references to possible government consulting or residential real estate investment lacked concrete detail needed to assess national importance.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A financial manager claiming advanced degree and NIW proposed to provide financial services to U.S. companies and individuals. The AAO affirmed dismissal, holding the endeavor lacked national importance and would not impact the finance field broadly despite industry importance.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

A petitioner proposed unspecified scientific activity and vendor machine development. The AAO dismissed the appeal because the proposed endeavor lacked sufficient specificity and clarity regarding substantial merit and national importance under Dhanasar's first prong.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

Accountant sought NIW for EB-2 classification to offer finance and tax consulting to U.S. companies. Petitioner claimed benefits to U.S. economy through business activities. AAO held the proposed endeavor lacks national importance, benefiting only her employer and clients without broader accounting industry or economic implications.

Legal analyst and consultant seeking NIW under EB-2. Claimed substantial merit and national importance for proposed consulting business advising U.S. companies entering Latin American markets. AAO held the endeavor lacks national importance because it would not impact the field broadly, has no demonstrated substantial economic effects, and lacks evidence of significant employment or regional benefit.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

Maintenance and renovation engineer qualified as advanced degree professional sought national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate national importance of proposed maintenance services endeavor under Dhanasar first prong; work did not show broader implications or substantial economic benefits.

A marketing manager with an advanced degree sought a national interest waiver. The AAO withdrew the service center's favorable first-prong finding, concluding the proposed marketing services lacked national importance because the benefit was limited to employers and clients, with no shown broader or economic impact. Later prongs were not reached and the appeal was dismissed.

An HR manager with advanced degree seeks NIW for EB-2. AAO dismissed because petitioner failed to articulate specific proposed endeavor beyond general field of HR management; lacks demonstrated national importance for waiver eligibility.

Teacher with advanced degree sought NIW waiver for EB-2 classification to teach English language learners. AAO held proposed endeavor lacked national importance under Dhanasar first prong; teacher's work, though meritorious, impacts only specific school, not education field broadly or U.S. economy nationally.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

Youth minister seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of providing youth outreach ministerial services addressing mental health and opioid epidemic. AAO found no national importance; work lacks evidence of significant potential economic effects or broader field impact beyond specific clientele.

A postdoctoral fellow in chemical engineering sought EB-2 NIW based on proposed fuel research. The AAO found the endeavor had merit and national importance but dismissed because the petitioner lacked sufficient evidence of being well positioned to advance it, particularly given limited citation impact and no demonstrated primary funding responsibility.