Published AAO appeal decisions

An athletic instructor and coach sought EB-2 with national interest waiver. AAO dismissed the appeal, holding the petitioner failed to establish national importance of her proposed swimming coaching endeavor. The decision found her proposed work would benefit only a limited number of local students without broader implications for athletics or the field.

An entrepreneur seeking EB-2 classification as exceptional ability individual and NIW claimed eligibility under one exceptional ability criterion but failed to meet at least three required criteria. The AAO dismissed the appeal, finding no established exceptional ability and therefore no basis for NIW consideration.

Nurse sought NIW for EB-2 classification. She claimed her patient care and teaching endeavor had national importance based on her skills, knowledge and role in a rural community. AAO held the endeavor lacked national importance because benefits were limited to specific patients, students and workplace, not nursing field or healthcare industry broadly.

Pilot with advanced degree equivalent seeks NIW. AAO dismissed appeal, finding no demonstrated national importance for proposed pilot work. Working in important field and having professional qualifications insufficient; decision requires evidence of specific endeavor's impact on field as whole.

A pilot sought EB-2 classification with national interest waiver for aviation work. AAO dismissed the appeal, holding the petitioner established substantial merit but failed to demonstrate the national importance of his specific proposed endeavor as required by the first Dhanasar prong; general industry importance insufficient.

Civil engineer seeking EB-2 NIW initially proposed guidance on construction projects in Brazil, then abandoned this for a business plan to form and manage her own construction company. AAO held both proposed endeavors lack national importance; neither establishes substantial positive economic effects beyond her company and clients.

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.

Medical researcher seeking EB-2 with national interest waiver. Claimed medical research endeavor had national importance and that she was well positioned to advance it. AAO found petitioner failed to identify a specific and consistent proposed endeavor; record reflected numerous changing activities. Appeal dismissed after second denial.

Mechatronics engineer sought EB-2 with national interest waiver. Described endeavor as continued employment with multinational companies on cross-border transactions; later added business plan and service company. AAO held proposed endeavor lacked national importance; business plan materials presented new facts post-filing; letters and articles address industry, not specific endeavor impact.

Finance professional sought EB-2 NIW. Service center found exceptional ability qualification but denied waiver. AAO affirmed: proposed endeavor of corporate treasurer and controller work lacked national importance; localized benefits to individual employers and divergent business ventures (wallpaper sales, real estate) did not demonstrate broad field impact.

A finance consultant with advanced degree seeks EB-2 NIW. The petitioner proposed operating a financial consulting company. The AAO dismissed the appeal, finding the endeavor lacks national importance and substantial positive economic effects required under Dhanasar.

Civil construction specialist with advanced degree sought national interest waiver for EB-2. AAO found proposed endeavor, though meritorious, lacks demonstrated national importance and fails to show broader impact beyond employer and clients. Appeal dismissed.

Priest seeking EB-2 NIW for spiritual ministry to Ukrainian Orthodox Church congregation claimed national importance through connection to White House Ukrainian relief initiative and pandemic-related needs. AAO held proposed endeavor lacks national importance because ministering to congregation's spiritual needs has no broader national implications and no substantial positive economic effects.

Self-petitioner, social communications specialist providing marketing consultancy, sought EB-2 advanced degree classification and national interest waiver. AAO found proposed marketing endeavor lacks national importance and cannot establish waiver eligibility. Appeal dismissed.

A project manager in sustainable construction seeks NIW for solar panel and green building consulting. AAO dismissed appeal because the endeavor, though meritorious, lacks national importance and the petitioner provided inconsistent and vague descriptions of the specific proposed activities.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

Aircraft mechanic seeking EB-2 national interest waiver. AAO found petitioner failed to establish exceptional ability under EB-2 and that proposed endeavor lacks substantial merit and national importance, failing the first Dhanasar prong. Second and third prongs not addressed.

General and operations manager seeking EB-2 advanced degree with national interest waiver. Claimed management endeavor would have national importance and that he was well positioned to advance it. AAO found material changes to proposed endeavor between filing and RFE response; initial employment no longer viable; endeavor lacked demonstration of broader implications or substantial economic effects.

Professional with 25 years in oil and gas sought NIW for digital transformation and operations manager role. AAO held substantial merit was established but dismissed because proposed endeavor lacked national importance; applicant's career experience could not substitute for demonstrating the specific endeavor's prospective impact and broader implications.

A computer systems engineer and entrepreneur seeks NIW for EB-2 classification for IT consulting to small businesses. The AAO affirmed the director's finding that the proposed endeavor lacks national importance, as job creation and tax revenue benefits alone do not meet Dhanasar's requirement for prospective impact at the national level.

A dietician proposed a nutritional services and supplement business to address obesity. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its benefits would extend only to individual clients in a localized area, not broadly impact the field or economy.

An instructional coordinator with a master's in TESOL proposed implementing virtual reality technology in schools. The AAO dismissed, finding substantial merit but no national importance; expansion to multiple schools does not equate to national or global implications required.

An entrepreneur seeking EB-2 with NIW for an environmentally friendly cleaning products company in Florida claimed nineteen years of experience and unique expertise. The AAO affirmed denial, finding the proposed endeavor lacked national importance; it would not impact the industry broadly or substantially employ U.S. workers.

Commercial captain sought NIW under EB-2 as advanced degree professional. Claimed endeavor had substantial merit and national importance addressing pilot shortage. AAO found record did not establish national importance of specific proposed work as individual pilot, lacking evidence of broader industry impact or individual contribution to resolving shortage.