Published AAO appeal decisions

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

Finance specialist sought EB-2 with NIW for a financial services business. The AAO held the petitioner failed to demonstrate national importance because benefits appeared limited to his employer; modest job projections and non-binding letters of intent were insufficient for national-level impact.

Business consultant sought EB-2 with NIW for a business providing financial services and courses to small enterprises and Hispanic communities. The AAO upheld dismissal, finding no error in Director's analysis and concluding petitioner failed to show national importance of the specific endeavor.

A physical therapist sought EB-2 classification with national interest waiver to provide specialized neurology and education services. The AAO affirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor lacked national importance despite healthcare field importance, as it would not broadly impact the field or create substantial economic effects.

Legal and business advisor sought NIW as EB-2 to provide technical and mechanical support to disaster-affected communities and businesses. Petitioner claimed national importance based on reconstruction efforts and economic growth. AAO rejected national importance because claimed impact lacks substantiation and does not demonstrate broader industry or substantial economy-wide effects.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

A business consultant seeking NIW claimed her financial and business management consulting endeavor would have national importance through job creation and economic benefits. AAO affirmed denial because the specific endeavor lacked sufficient prospective impact on the field or economy to constitute national importance under Dhanasar.

Supply chain entrepreneur sought NIW to operate logistics platform for construction and manufacturing. AAO dismissed appeal, finding the proposed endeavor lacks national importance; petitioner provided insufficient evidence of broad field impact, did not demonstrate superiority over existing solutions, and lacked corroborating expert letters or government documentation of strategic relevance.

Nurse with advanced degree seeks national interest waiver to provide nursing care and train future nurses. AAO found proposed endeavor has substantial merit but lacks national importance. Training commitment insufficient; work impacts only employer and patients, not nursing field or economy more broadly.

A finance and insurance manager with an advanced degree sought NIW. The AAO confirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor of process improvement and financial management for multiple companies lacked the national importance required under the first Dhanasar prong; projections for job creation and revenue were insufficient.

Industrial engineer and entrepreneur with foreign engineering degree seeks NIW for EB-2. Proposed owning and operating concrete paver manufacturing company emphasizing eco-friendly products and exports. AAO held the specific endeavor, while having substantial merit, lacks national importance because it does not demonstrate broader field implications.

Accountant with IFRS expertise sought EB-2 advanced degree classification and national interest waiver to consult with small and medium enterprises. AAO held she qualified for EB-2 but failed to establish national importance of endeavor; her services would not sufficiently extend beyond prospective clients to impact economy broadly or produce substantial positive economic effects.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Animal health specialist seeking EB-2 NIW for emotional support animal practice. Petitioner established advanced degree and substantial merit but failed to demonstrate national importance of proposed endeavor, showing only company-level rather than field-wide impact.

A bakery and pastry chef claimed exceptional ability under EB-2 and sought national interest waiver. The AAO affirmed she did not satisfy the required three of six objective criteria for exceptional ability, including inadequate professional certifications, wage evidence, and peer recognition.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

Financial services and accounting professional sought EB-2 with national interest waiver to open consulting firm assisting U.S. companies with financial decisions and Latin American expansion. AAO affirmed denial, finding proposed endeavor lacked national importance; business growth projections and client services insufficient to establish substantial positive economic effects.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

An audiovisual services business owner seeks NIW. Claimed the Dhanasar three-prong test. The AAO held the first prong—national importance—not met: the business lacks broader field implications or significant economic impact beyond specific clients and employees.