Published AAO appeal decisions

Financial analyst from Brazil seeking EB-2 national interest waiver. Proposed endeavor was general financial services work and later starting a consulting business with projected five-year revenue of six hundred thousand dollars. AAO rejected first prong of Dhanasar test; work lacks sufficient prospective impact on U.S. economy or broader financial services industry. Appeal dismissed.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

Project engineer sought NIW for EB-2. Service Center approved advanced degree but denied NIW. AAO dismissed because proposed roadway safety endeavor lacked sufficient detail and national importance; no direct connection established between specific endeavor and broader implications.

Business management consultant sought EB-2 advanced degree with NIW to operate consulting firm facilitating U.S.-Brazil business expansion. AAO dismissed appeal, finding petitioner failed first Dhanasar prong; proposed endeavor of four to eight direct employees lacks national importance and broader implications required for substantial positive economic effect.

Athletic trainer qualified as individual of exceptional ability but sought national interest waiver for fitness startup company. AAO found proposed endeavor lacks national importance; hiring eleven workers and local client services insufficient to demonstrate broader implications required by Dhanasar framework.

Senior vice president of real estate and interior design company seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of real estate development and interior design services. AAO found substantial merit but no national importance; work lacks sufficient economic impact or broader field implications warranting national interest waiver.

Mechanical engineering researcher sought EB-2 national interest waiver for postdoctoral research position in aerospace technology. Qualifies as advanced degree holder but failed to establish national importance of proposed endeavor. Record did not demonstrate how technology advances broader field or has meaningful economic implications.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

Self-petitioning pilot seeks NIW as EB-2 advanced degree or exceptional ability professional. Failed to qualify for underlying EB-2 classification (only two of six criteria met). AAO dismissed; pilot work as proposed lacks substantial merit and national importance; endeavor insufficiently documented and explained.

Civil engineer sought EB-2 national interest waiver for residential construction business venture. Director found petitioner qualified as advanced degree holder but waiver failed. AAO agreed petitioner did not establish national importance under Dhanasar first prong; construction work lacked broader field implications.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A professional with advanced degree sought national interest waiver for EB-2. The petitioner's motions to reopen and reconsider were dismissed because insufficient new evidence was presented. The AAO affirmed that letters of support and industry evidence did not establish the specific proposed endeavor had national importance under Dhanasar's first prong.

An IED disposal officer sought EB-2 NIW claiming expertise in security and real estate investment. The AAO dismissed because the applicant failed to specify the actual endeavor; vague references to possible government consulting or residential real estate investment lacked concrete detail needed to assess national importance.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A financial manager claiming advanced degree and NIW proposed to provide financial services to U.S. companies and individuals. The AAO affirmed dismissal, holding the endeavor lacked national importance and would not impact the finance field broadly despite industry importance.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

A petitioner proposed unspecified scientific activity and vendor machine development. The AAO dismissed the appeal because the proposed endeavor lacked sufficient specificity and clarity regarding substantial merit and national importance under Dhanasar's first prong.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

Accountant sought NIW for EB-2 classification to offer finance and tax consulting to U.S. companies. Petitioner claimed benefits to U.S. economy through business activities. AAO held the proposed endeavor lacks national importance, benefiting only her employer and clients without broader accounting industry or economic implications.