Published AAO appeal decisions

A nutritionist sought NIW to work in hospital nutrition services. AAO affirmed dismissal because the proposed endeavor lacked national importance; generalized job creation projections and evidence focused on nutrition field importance rather than the specific endeavor's prospective impact.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

Steel manufacturing entrepreneur sought EB-2 advanced degree classification and NIW for proposed steel pipe manufacturing company. AAO dismissed because petitioner failed to demonstrate four-year undergraduate degree equivalent and proposed endeavor lacked national importance beyond prospective clients and employees.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

Human resources professional and entrepreneur seeking EB-2 classification with national interest waiver for human resources consulting startup. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found proposed endeavor lacked sufficient evidence of national importance and would benefit only business and immediate clients.

A CEO of a lighting event design group seeking EB-2 classification as exceptional ability professional with national interest waiver. The AAO dismissed because the petitioner failed to establish the underlying EB-2 qualification, lacking both an advanced degree and meeting three of the exceptional ability criteria, making national interest waiver analysis unnecessary.

Tax consultant sought EB-2 national interest waiver. AAO affirmed Director's conclusion that proposed tax consulting business, though meritorious, lacks national importance because it would not extend beyond immediate clients to impact the tax consulting field or generate substantial nationwide economic effects.

A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

Industrial engineer sought EB-2 with NIW. AAO held petitioner is qualified advanced degree professional but failed Dhanasar first prong; providing engineering services to private companies lacks national importance and broader implications despite importance of manufacturing field.

Entrepreneur proposed manufacturing sustainable, reusable packaging solutions for small and medium enterprises. AAO found endeavor has substantial merit but dismissed appeal because petitioner failed to establish national importance; evidence documented field value, not specific prospective impact of her company beyond individual clients on national economy or environmental goals.

A nutritionist sought an EB-2 national interest waiver to practice without a job offer, claiming their work would reduce diet-related disease and improve public health. The AAO dismissed the appeal, finding the proposed endeavor lacked the national importance required under Dhanasar's first prong, as general industry importance and broad assertions without specific evidence of prospective impact do not suffice.

A senior billing analyst sought EB-2 NIW to start a financial consulting business serving small businesses recovering from COVID-19. The AAO dismissed the appeal because the proposed endeavor, though having substantial merit, failed to demonstrate national importance: industry importance does not satisfy Dhanasar, and no evidence showed national or regional economic impact.

A financial manager with advanced degree sought EB-2 NIW classification. Director and AAO agreed substantial merit was established but national importance was not. Petitioner claimed her Brazil-focused financial business would create economic bridges, but lacked independent corroborating evidence; field importance alone was insufficient.

A computer and information systems manager sought NIW for EB-2 classification. The AAO agreed he failed to establish that his specific proposed endeavor has national importance, despite working in an important IT field. The AAO also found he did not qualify as an advanced degree professional. Appeal dismissed.

Public bid procurement specialist sought EB-2 with national interest waiver to work in US helping government win bids in Brazil. AAO dismissed appeal, finding proposed endeavor lacked national importance and failed first prong of Dhanasar; lacked evidence of broader field impact or substantial economic effects.

Business intelligence professional seeking EB-2 with NIW for establishing a company. Petitioner claimed endeavor addresses industry worker shortage with substantial economic impact. AAO held national importance not established; isolated business activities lack broader field implications or substantial economic effects required by Dhanasar.

Financial analyst sought EB-2 with NIW for proposed endeavor in financial analysis and automated systems management for small-to-medium businesses. AAO found substantial merit but not national importance; revenue and employment projections were modest and lacked prospective impact beyond regional scope. Appeal dismissed.

A co-owner and general manager of a moving and storage business sought EB-2 national interest waiver as individual of exceptional ability. The AAO dismissed the appeal, finding insufficient eligibility criteria for exceptional ability and lack of national importance for the business endeavor.

Civil engineer and project manager seeks NIW for EB-2 classification to offer project management consulting for construction and infrastructure projects. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance; record does not establish substantial economic effects or job creation at required scale despite general industry importance.

Commercial administrator with logistics focus seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal, adopting director's finding that proposed logistics and supply chain management endeavor, while having substantial merit, lacks national importance; benefits limited to future clients rather than broader industry impact.

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A software developer sought EB-2 national interest waiver, conceding advanced degree qualification. Claiming his Wyoming internet marketing company would reduce developer shortages and produce substantial economic effects, he failed to demonstrate national importance under Dhanasar. The AAO dismissed because the endeavor lacked broader industry implications and significant job creation potential.