Published AAO appeal decisions

Adapted physical education specialist and entrepreneur sought NIW for aquatic sports and exercise business. Proposed endeavor had substantial merit but lacked national importance; evidence showed limited local impact without broader industry implications or substantial economic effects warranting waiver.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Former educator with advanced degree seeks EB-2 NIW for proposed educational consulting services addressing children's mental health. Director found advanced degree eligibility but denied NIW. AAO affirmed, holding proposed work lacks national importance despite merit because consulting activities would not impact educational field broadly beyond individual clients. Petition also missing required Form ETA 750B.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.

Self-petitioner physical therapist seeking NIW as EB-2. Claimed endeavor aligns with public health national interests. AAO held specific endeavor of treating patients at single facility lacks demonstrated national or global field implications and broader economic impact required under Dhanasar framework.

A dentist self-petitioning for NIW sought waiver of job offer for EB-2 advanced degree classification. He proposed buying and expanding a Texas dental clinic. AAO dismissed the appeal, finding while his endeavor had national importance, he was not well positioned to advance it at filing and adjudication because he lacked state licensure until six months after petition filing.

A physical therapist sought EB-2 NIW classification. The AAO withdrew the Director's misrepresentation finding and accepted substantial merit of the proposed work, but found the specific endeavor lacks national importance due to insufficient evidence of broader field impact or significant economic effects. Appeal dismissed.

Automobile interior restorer with advanced degrees in industrial design sought EB-2 NIW classification after establishing his own manufacturing business. AAO held the petitioner failed to demonstrate national importance of his specific endeavor, as local employment and economic benefits to car dealerships and suppliers did not establish broader impact on the field or economy commensurate with national interest.

Management consultant sought EB-2 exceptional ability or advanced degree classification with national interest waiver. AAO found petitioner categorically ineligible for EB-2 and failed first Dhanasar prong, as management consulting services to Florida businesses lacked demonstrated national importance or broader economic impact.

Digital marketer and entrepreneur seeking EB-2 NIW to operate marketing and business consulting business. AAO held proposed endeavor lacks national importance because providing specific services to prospective clients, even citing professional shortage, does not establish broader impact required by Dhanasar.

Financial advisor sought NIW under EB-2 as specialized business consultant in international trade and hospital cost reduction. Petitioner failed to establish national importance of proposed endeavor. AAO dismissed, finding prospective economic impact limited to individual clients rather than broader field or substantial national scope.

Physician sought EB-2 with national interest waiver to practice geriatric medicine. AAO affirmed denial on two grounds. Petitioner failed to show national importance of general practice and did not demonstrate being well-positioned to advance the endeavor. Material amendment concerning clinic ownership was impermissible.

Chief executive officer seeking NIW for travel agency startup. Established EB-2 eligibility with advanced degree but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader field implications or substantial positive economic effects required.

Supply chain specialist and entrepreneur in event services sought NIW under EB-2 exceptional ability. AAO withdrew director's exceptional ability finding, finding petitioner failed evidentiary criteria. Ineligible for underlying EB-2 classification; NIW eligibility not reached.

ESOL teacher sought EB-2 with national interest waiver. AAO dismissed appeal finding substantial merit in teaching endeavor but no national importance. Work in economically depressed area insufficient; proposed benefits to students' employment prospects too attenuated to demonstrate regional or national economic impact.

An architect with 20+ years experience seeks an NIW for EB-2 as advanced degree professional. He claimed his design, consulting and planning services have national importance via construction industry boost, tourism, historic revitalization, and federal initiatives. The AAO affirmed denial because his specific proposed endeavor lacks demonstrated national implications or prospective impact.

Dental assistant and entrepreneur with Brazilian dental degree sought EB-2 NIW. Claimed endeavor had substantial merit and national importance. AAO found neither prong met: endeavor too vague and lacking data on economic impact, job creation, or field advancement. Appeal dismissed.

Treasurer and controller sought EB-2 with national interest waiver. AAO dismissed because petitioner could not consistently articulate proposed endeavor, transforming it from initial petition through RFE response, preventing meaningful application of Dhanasar framework.

Thermal R&D engineer with Ph.D. in mechanical engineering sought EB-2 advanced degree professional classification with NIW. AAO affirmed Director's finding that proposed research has substantial merit but lacks national importance. Letters and industry reports insufficient without specific evidence of broader field impact or national implications.

Physical therapy specialist seeking EB-2 national interest waiver. AAO found petitioner qualified for underlying EB-2 but failed first Dhanasar prong: substantial merit was demonstrated but national importance was not, as proposed endeavor would impact only employer and patients, not broader field.

Self-petitioner, professional in social marketing and financial advisory, seeks EB-2 NIW. AAO held petitioner lacks advanced degree eligibility and failed NIW's first prong because proposed endeavor lacks substantial merit and national importance, affecting only local clients without broader economic impact.

Finance consultant seeks NIW for financial consulting business. AAO held proposed endeavor lacks national importance because unsupported sales forecasts and impact limited to company clientele without demonstrable broader effect on financial services industry or U.S. economy. Appeal dismissed.

Human resources professional with foreign bachelor's degree equivalent sought NIW under EB-2. Petitioner failed advanced degree requirement and did not establish national importance of proposed endeavor. AAO dismissed appeal, finding professional shortage alone insufficient without demonstrating significant prospective national impact.

A learning specialist with an education doctorate seeks NIW for an EB-2 advanced degree position. She proposed teaching academic skills, designing retention programs, and creating a website. The AAO rejected her claim that teaching or a vaguely described website demonstrates national importance, finding the endeavor lacks the prospective impact required by Dhanasar.