Published AAO appeal decisions

A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

A nurse with advanced degree sought EB-2 classification and NIW. AAO affirmed denial, finding the proposed nursing work lacks national importance and does not impact the field broadly. Substantial merit was found but national importance was not established.

Mining technician seeking NIW for advanced-degree EB-2. AAO found petitioner failed to establish EB-2 underlying qualification and, separately, failed to demonstrate national importance of specific mining engineering services endeavor despite industry-wide significance. Appeal dismissed on both independent bases.

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by Dhanasar.

Self-petitioner entrepreneur in physical education sought NIW for establishing a basketball academy in New York. AAO found the endeavor has substantial merit but lacks national importance. The proposed basketball academy and coaching would benefit only its own students without broader impact on the field, failing the first prong of Dhanasar.

Self-petitioner customer service provider and manager seeking NIW as EB-2. Claimed unique background and field importance establish national significance. AAO held the occupation's importance is immaterial; the specific endeavor lacks documentation of prospective impact beyond immediate employer or industry-wide influence.

Self-petitioner entrepreneur in finance seeking NIW as EB-2. Claimed endeavor of financial advisory and training has substantial merit and national importance. AAO held the endeavor lacks demonstrated national importance because evidence does not show broader impact on the finance industry or economy beyond the business itself.

An entrepreneur with advanced degree in finance seeks an NIW for EB-2 to establish a trucking and logistics business with a mobile application for cargo handling. The AAO dismissed because the proposed endeavor lacks national importance; initial description was vague and business plan claims were unsubstantiated without specific product or credible financial projections.

An attorney seeking registration as registered foreign legal consultant in California requested EB-2 national interest waiver. The AAO found no well-detailed proposed endeavor description, no demonstration that cross-border legal advice would have significant broader implications, and noted post-filing evidence of French legal authorization was untimely. Appeal dismissed.

An actuary from Brazil sought EB-2 advanced degree classification and NIW for proposed insurance consulting business. AAO found substantial merit but dismissed appeal because proposed endeavor lacks national importance; no prospective impact beyond own business and clients.

An educator seeking EB-2 NIW to provide educational consulting on learning modalities and AI in neuroeducation. AAO held proposed endeavor lacks national importance because consulting services to specific clients lack broader field-level implications required by Dhanasar framework.

An entrepreneur with an advanced degree seeking EB-2 NIW classification proposed a mental health services company offering online consultations and coaching. The AAO dismissed the appeal, finding substantial merit but no national importance; the business would benefit its own clients rather than impact the broader mental health field.

A financial manager sought EB-2 NIW. Director did not analyze underlying EB-2 eligibility. Proposed endeavor providing financial management services has substantial merit but lacks national importance; no evidence of broader field impact beyond serving employer or clients.

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

Surgeon with Brazilian medical license seeks NIW for EB-2 to work at U.S. clinical foundation. AAO affirmed denial because proposed clinical role lacked national importance. Work described typical surgeon duties without demonstrating broader medical field impact.

Elementary school teacher sought EB-2 advanced degree classification with NIW. AAO withdrew Director's EB-2 eligibility finding due to insufficient evidence of five years progressive experience; conflicting employment letters had minimal probative value. First Dhanasar prong failed: teaching third grade lacks national importance despite merit.

A taekwondo instructor sought EB-2 classification with national interest waiver. Although the director found her eligible as member of professions with advanced degree, the AAO reversed, finding her degree in law does not relate to taekwondo instruction and she lacked five years post-baccalaureate specialty experience. Appeal dismissed; NIW not reached.

An accounting consultant claims NIW for EB-2 exceptional ability classification. The AAO found she failed to meet the advanced degree requirement and did not establish at least three evidentiary criteria for exceptional ability. Since she lacked EB-2 eligibility, the court did not address the NIW national importance prongs.

General and operations manager seeking NIW for healthy fast-food restaurant business. Established EB-2 eligibility but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader implications or substantial economic effects needed for national interest.

A professional holding an advanced degree sought a national interest waiver of the job offer requirement. The director found the advanced degree qualification met but denied the waiver. The AAO dismissed the appeal because the proposed endeavor was not shown to have national importance, and it reserved the remaining prongs.

Agricultural finance consultant sought EB-2 with NIW for consulting startup. AAO dismissed appeal, finding substantial merit but no national importance; business plan lacked specificity on services and demand; regional impact and industry importance insufficient without broad endeavor impact.

Tax attorney sought EB-2 with national interest waiver. AAO withdrew director's unsupported denial of advanced degree qualification but affirmed NIW denial. Proposed endeavor, though meritorious, lacked broader field impact or prospective implications beyond individual clients.

Entrepreneur sought EB-2 NIW for entrepreneurial and consulting services, including online application. Claimed substantial merit and national importance. AAO agreed on substantial merit but found no national importance: proposed work lacks broad field impact; projections of three to five jobs and revenue insufficient for national economic significance.

Industrial engineer with advanced degree seeking EB-2 with national interest waiver to establish engineering consulting business. AAO dismissed because proposed endeavor has substantial merit but lacks national importance—work benefits specific clients and supply chain but lacks broader industry impact required by Dhanasar.