Published AAO appeal decisions

An employer petitioned for an EB-2 national interest waiver for a strategic project manager. The AAO found the petitioner was not qualified as an advanced degree professional due to insufficient undergraduate credentials, and the proposed endeavor lacked demonstrated national importance beyond the specific business and its clients. Appeal dismissed.

A biomedical researcher with a PhD in immunology sought EB-2 NIW classification for research on genome and protein engineering. The AAO agreed he met EB-2 requirements but found his specific proposed endeavor lacked national importance despite involving critical emerging technologies, as expert letters discussed his field generally, not his particular research.

A petitioner seeks EB-2 NIW to operate a Florida-based financial literacy education company for K-12 schools. Petitioner established advanced degree eligibility but failed to demonstrate national importance despite general significance of financial education field and modest projected job creation.

Mathematics teacher seeking EB-2 with national interest waiver. Petitioner claimed her work addresses STEM teacher shortages and supports educational priorities. AAO found the specific proposed endeavor lacks national importance because its impact remains confined to her students and employer, not extending to the education field broadly.

Urban planner sought NIW under EB-2 to start consulting company for sustainable modular housing and disaster relief. AAO found substantial merit but dismissed because petitioner did not establish national importance, failing to show how his services would impact the industry beyond local scope.

An airline pilot sought EB-2 classification with a national interest waiver to work as a pilot and ground instructor. The AAO dismissed the appeal because the petitioner failed to establish that his proposed endeavor addressing pilot shortage had substantial merit or national importance; support letters remained too vague about prospective impact.

Financial services institution sponsored employee for EB-2 with NIW. AAO dismissed appeal, holding that organizational importance does not establish national importance of the individual's specific proposed endeavor and that services would not extend beyond internal users.

A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Business management and marketing specialist with master's degree in MBA sought EB-2 NIW for substance abuse prevention consulting company. SCOPS approved advanced degree qualification. AAO found services did not extend beyond individual clients to impact field broadly, lacked innovation, and insufficient job creation or economic benefit.

Advanced degree professional seeks NIW for business endeavor supporting small and medium-sized enterprises. Claimed alignment with U.S. government initiatives and economic benefits would establish national importance. AAO found vague assertions without specific details or probative evidence of broader industry impact; merely working in important field insufficient without demonstrating specific endeavor's national importance.

An orthopedic physician entrepreneur sought EB-2 NIW classification for a proposed clinic providing musculoskeletal care using regenerative medicine. AAO dismissed the appeal, finding the endeavor lacked demonstrated national importance; local economic activity and addressing healthcare gaps insufficient; no broader field-level impact shown.

An aviation company petitioned for a national interest waiver to employ a copilot with over twenty years of airline experience. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would benefit only one individual with no broader impact on the aviation industry or economy.

Research professor proposed STEM research endeavor and sought national interest waiver as self-petitioner. AAO found endeavor has national importance and beneficiary well positioned, but dismissed appeal because urgency of national interest insufficient to justify waiving labor certification requirement.

Entrepreneur and financial expert sought EB-2 NIW for business valuation and marketing venture. AAO held proposed endeavor, though addressing retirement and economic growth, lacks national importance; unsupported assertions and lack of specific prospective impact failed Dhanasar prong one.

Lawyer with advanced degree sought EB-2 national interest waiver for renewable energy law practice. Director found substantial merit but denied national importance; AAO affirmed. Petitioner conflated importance of renewable energy field with importance of his specific proposed legal services. Lacked objective corroborating evidence of national impact. First prong failed; second and third prongs not reached. Dismissed.

Financial planner and analyst sought NIW with advanced degree. Proposed company providing financial planning to small and medium-sized businesses. AAO found endeavor substantially meritorious but lacking national importance; benefits confined to direct clients without broader field or economic implications required by Dhanasar. Second and third prongs reserved.

Health and safety specialist sought EB-2 exceptional ability and NIW based on proposed safety app development. Service Center found exceptional ability met three criteria but no degree of expertise significantly above field. AAO held proposed endeavor lacks national importance: app benefits only petitioner's employer and clients, not broader industry or public; field importance does not equal endeavor importance.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

Self-petitioner logistician proposes founding supply chain resilience business with focus on job creation and economic impact, claims headquarter location in Pennsylvania economically distressed area. AAO dismissed because petitioner failed to establish national importance; undefined specific location prevents assessing whether economic effects target depressed regions; unreliable financial projections.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Electrical engineer seeking EB-2 with national interest waiver. Claimed advanced degree based on bachelor's plus five years foreign experience and proposed AI-driven manufacturing modernization. AAO dismissed because foreign employment documentation was insufficient and proposed endeavor lacked demonstrated national importance beyond local economic activity.

An accountant seeking advanced degree classification proposes to provide financial consulting targeting startups in regulatory compliance and tax planning. The AAO dismissed the appeal because the petitioner failed to establish national importance through specific evidence of substantial economic effects, regional or national job creation impact, or broader field influence.

Data engineer seeking EB-2 with national interest waiver. Established substantial merit of endeavor but not national importance. AAO affirmed dismissal, finding applicant did not demonstrate how employment would reach national importance or provide substantial positive economic effects.

A barber and entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed the service center's denial, finding the petitioner failed to establish national importance of his proposed barber business ventures, which lacked substantial positive economic effects beyond local impact.

IT manager of exceptional ability sought EB-2 NIW. AAO affirmed failure to establish underlying EB-2 exceptional ability classification (missing three regulatory criteria) and held proposed endeavor lacks national importance; first Dhanasar prong unmet, waiver denied.