Published AAO appeal decisions

Physical fitness instructor sought EB-2 with NIW. AAO affirmed denial, finding evidence did not show proposed endeavor had national importance beyond the employer. Generic articles on fitness importance and expert opinions regarding position advancement did not establish national-level impact.

An IT manager and engineer sought EB-2 national interest waiver. The AAO agreed the petitioner held an advanced degree but found his proposed endeavor of providing IT services in Florida lacked national importance; it was regional, specific, and without broader implications.

Marketing and communications specialist with equivalent bachelor's degree and five years experience seeks national interest waiver. First prong failed: petitioner confused industry importance with specific endeavor importance. Work lacks broader field impact or substantial economic effects needed for national importance standard.

Self-petitioner entrepreneur sought EB-2 NIW to open grocery store chain. AAO held proposed endeavor lacked national importance under Dhanasar; employment and revenue projections did not demonstrate substantial economic effects at regional or national level.

An agribusiness consultant with exceptional ability sought NIW. The AAO confirmed exceptional ability eligibility through three criteria but dismissed the appeal, finding the proposed consulting business providing research and marketing services lacked national importance; sustainability and food security claims were unsupported by documentation showing prospective field-wide or broad economic impact.

A welder seeks NIW claiming exceptional ability. Claimed the Dhanasar framework. The AAO held the first prong—national importance—not met: working as a skilled welder for one company lacks broader field implications or substantial economic impact commensurate with national importance.

Dental care entrepreneur seeking NIW to establish dental practice. Claimed national importance based on dental professional shortage and environmental benefits of practice. AAO affirmed denial, finding that serving individual patients lacks national importance; professional shortage alone insufficient under Dhanasar framework.

An education administrator and entrepreneur sought NIW under EB-2. The AAO dismissed on two independent grounds: she failed to establish EB-2 qualification and her proposed endeavor of owning three education businesses in California lacked demonstrated national importance and broader field impact.

Entrepreneur seeking EB-2 classification and NIW for specialized logistics services in road transport. Petitioner claimed STEM field designation and endeavor supports American business management and planning. AAO held supply chain logistics important generally, but petitioner failed to demonstrate specific endeavor's potential to impact field at national importance level.

A physical therapist with an advanced degree sought EB-2 NIW to operate a physical therapy clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would serve only direct clients and did not demonstrate broader field impact, despite timeliness and industry importance.

Technology marketing manager proposed to open a lumber retailer importing from Brazil, claiming job creation and trade benefits. AAO dismissed appeal because the petitioner failed to establish national importance: revenue forecasts conflicted, no evidence showed significant U.S. worker employment or regional economic impact, and claimed trade benefits lacked substantiation.

Internal medicine physician sought NIW as EB-2. Petitioner claimed his clinical work in underserved area had national importance due to physician shortage. AAO found substantial merit but denied national importance because his individual clinical duties would not impact ICU medicine field broadly or significantly reduce claimed shortage.

Advanced degree professional in scientific research seeking NIW for continued employment in research-focused role. AAO dismissed appeal, affirming Director's finding that applicant failed first prong; duties and research lacked shown national importance despite alignment with national priorities.

Mergers and acquisitions professional in oil and gas industry seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through energy sector criticality and applicant expertise. AAO found no sufficient evidence of specific endeavor's prospective impact beyond employer.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.

A business development specialist sought a national interest waiver for self-employment in business development consulting. The AAO affirmed dismissal, finding substantial merit in the field but no national importance because evidence lacked a detailed business plan and failed to demonstrate substantial economic effects at a national level.

Digital marketing entrepreneur sought EB-2 national interest waiver for digital marketing business. AAO dismissed, finding proposed endeavor lacked national importance; industry importance does not establish specific endeavor impact, and projected ninety-seven jobs across three locations insufficient to demonstrate national-level significance.

Business development specialist proposes consulting services to U.S. companies in unspecified sectors emphasizing economic stimulation. Claimed national importance from field contributions and economic growth potential. AAO affirmed denial: professional plan lacks business projections, scope details, or evidence that local economic stimulation reaches substantial national-level impact threshold.

An agricultural engineer with a doctorate sought EB-2 classification with national interest waiver to conduct soft skills and values training through workshops. The AAO affirmed EB-2 eligibility but dismissed, finding the proposed endeavor lacked national importance as training activities would not sufficiently impact the field broadly at national level.

Business and marketing professional seeking EB-2 classification with national interest waiver for marketing and business consulting firm. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found firm would not employ substantial U.S. workers or create significant economic impact beyond serving own clientele.

Nurse with foreign bachelor's degree claimed national interest waiver for EB-2. AAO held she did not qualify as advanced degree professional and her nursing audit endeavor lacked national importance because it would not impact the broader nursing field or healthcare industry.

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

Security consulting entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed HUBZone consulting business; vague endeavor description, absence of evidence on projected staffing, job creation, and substantial economic benefits prevent satisfaction of Dhanasar prong one.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Flight trainer sought EB-2 exceptional ability and NIW. Director found petitioner qualified as individual of exceptional ability. AAO found proposed endeavor has substantial merit but lacks national importance; impact does not extend beyond individual trainees and employers to national scale.