Published AAO appeal decisions

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Architect proposing sustainable design endeavors and green building projects seeks EB-2 with NIW. Met four of six exceptional ability criteria but failed to demonstrate expertise significantly above other architects. Record lacks comparative analysis and evidence of significant field impact. Appeal dismissed.

Foreign language teacher and entrepreneur proposed bilingual education center using sign languages and Portuguese. Petitioner established substantial merit but failed to demonstrate national importance; projected job creation and revenue lacked supporting detail and showed limited economic impact beyond local region.

A chief financial officer and corporate treasurer sought EB-2 national interest waiver for a financial services consulting business targeting immigrant clients. The AAO affirmed denial, finding the proposed endeavor lacked national importance as it would serve only specific clients without broader industry impact or substantial economic effects in depressed areas.

Entrepreneur seeking EB-2 NIW to establish New York risk management and internal audit consultancy. Claimed endeavor offers innovative approach and substantial economic effects. AAO dismissed appeal, holding that field importance does not equal endeavor national importance; specific business lacks broader implications for economy or industry.

Systems administrator for AI laboratory in clinical research company seeks EB-2 with NIW. Petitioner showed substantial merit but failed to demonstrate national importance of the endeavor. Decision held specific work lacks broader implications or scale reaching national impact in STEM despite relating to AI and clinical trials.

An industrial engineer seeking EB-2 with NIW to create a quality control and project management consulting company claimed substantial merit and national importance. The AAO found his specific proposed endeavor, though potentially valuable to clients, lacked the scale and broader economic impact required for national importance.

Cost estimator seeking NIW for position on EV battery plant projects. Claimed national importance based on EV industry significance and clean energy priorities. AAO dismissed because specific endeavor as cost estimator lacks national importance; industry importance and personal role value insufficient; no evidence of original innovations or broader prospective impact.

A researcher with published work seeks EB-2 with national interest waiver to pursue computer science research and lecturer position applying computer science to business processes. She failed to demonstrate her research has national importance or broader field impact and did not establish she is well-positioned to advance the endeavor. The AAO dismissed the appeal.

Senior software engineer with master's degree in computer science seeks NIW for enterprise network security and cloud solutions development. AAO affirmed dismissal, holding proposed endeavor lacks national importance; work in important field insufficient; benefits to single employer inadequate for national importance.

General and operations manager in paint manufacturing seeks NIW based on proposed consulting and training business. AAO affirmed dismissal, finding proposed endeavor lacks national importance; no evidence of broader implications, significant employment potential, or substantial economic effects beyond individual clients.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

Telecommunications entrepreneur with master's degree seeking EB-2 NIW for business providing rural connectivity and mobile network solutions. AAO dismissed appeal; petitioner failed to demonstrate national importance as proposed endeavor lacked evidence of extended field impact or improved methods over existing U.S. practices.

Industrial production manager sought NIW based on exceptional ability. In RFE response, petitioner changed proposed endeavor to operating a company providing wind farm maintenance services. AAO dismissed, finding material change impermissible and initial endeavor lacked national importance.

IT sales manager with advanced degree seeks EB-2 classification with national interest waiver. AAO upheld denial, finding petitioner established substantial merit but failed to show national importance; stated intention to work in important field does not establish national importance of specific proposed endeavor.

Accountant and financial analyst proposed contributing expertise to businesses, promoting diversity and cultural enrichment. AAO agreed with director that working in an important field does not establish endeavor national importance; no evidence of novel methodologies, employment potential, or broader economic impact.

Aircraft maintenance technician with advanced degree and exceptional ability seeks national interest waiver to continue working in aircraft maintenance and assembly. AAO dismissed appeal because petitioner failed to establish national importance of the proposed endeavor and waived the issue by not addressing it on appeal.

An industrial engineer sought an EB-2 classification with a national interest waiver, relying on recommendation letters, publication and citation records, industry reports, and the STEM nature of his work. The AAO dismissed the appeal because the evidence did not show the national importance of his specific proposed endeavor, so the other prongs were not analyzed.

HR entrepreneur seeking EB-2 NIW for human resources consulting business. Claimed endeavor advances economy and SME sector through sustainable labor practices. AAO dismissed appeal, finding proposed business lacks national importance; benefits remain limited to direct clients without broader economic implications.

Business intelligence analyst seeking EB-2 with NIW claimed all three Dhanasar prongs. AAO affirmed underlying advanced degree eligibility but dismissed appeal, finding proposed business endeavor lacks national importance with no demonstrated prospective impact beyond clients.

Industrial engineer seeking NIW for EB-2 classification claims proposed endeavor in supply chain optimization, warehouse operations using AI, and autonomous air taxis addresses national interests. AAO held the endeavor lacks demonstrated national importance; working in STEM and emerging technologies alone insufficient without evidence of prospective impact or broader implications.

A general and operations manager seeks NIW for EB-2 to establish a consulting business for organizational development and business optimization. AAO found substantial merit but no national importance; the generic business plans lacked specific, targeted impact beyond local customers in a large industry.

Industrial engineer seeking EB-2 with national interest waiver for proposed work developing manufacturing solutions for supply chain and healthcare. AAO confirmed advanced degree eligibility but dismissed because proposed endeavor lacks demonstrated national importance; claimed broad impacts were conclusory without supporting evidence.

A commercial airline pilot and captain with advanced qualifications proposed pilot and flight instructor work and aviation safety consultancy. The AAO held his expertise and prior success, while relevant to positioning under the second prong, do not establish national importance of the specific proposed endeavor, which lacks demonstrated broader implications for the aviation industry.

Entrepreneur seeking EB-2 with self-petitioner NIW for cybersecurity and IT consulting startup. Claimed endeavor has national importance through potential employment and economic ripple effects. AAO held endeavor lacks national importance; specific business plan too vague; benefits limited to company and clients; no evidence of broader implications.