Published AAO appeal decisions

Car dealership owner seeking EB-2 exceptional ability with national interest waiver. Claimed endeavor has national importance through environmental benefits and economic effects. AAO affirmed denial because proposed business lacks national importance, significant U.S. employment potential, or broader field implications.

An industrial-organizational consultant and entrepreneur sought EB-2 NIW classification, proposing a manufacturing consulting and workforce training company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and consistency to establish substantial merit and national importance under Dhanasar's first prong.

Self-petitioner maintenance engineer proposes eco-friendly maintenance consulting company claiming economic importance and job creation. AAO dismissed because petitioner failed to establish national importance; proposed company lacks broader field impact; projected 23 jobs and business profits insufficient for substantial national economic effects.

Materials engineer proposed developing steel production technologies. Claimed substantial merit and national importance were established. AAO found he lacked record of success in related efforts, demonstrated no progress toward the goal, and showed no customer or investor interest, thus failing the well-positioned prong and requiring dismissal.

A project manager in mining industry sought NIW for EB-2 advanced degree classification. The AAO found the proposed endeavor lacked substantial national importance under Dhanasar, noting projected revenue and job creation did not establish operation at the level of national significance. Appeal dismissed.

An employer petitioned for a national interest waiver for an engineer working in the electric vehicle sector, who holds an advanced degree. The AAO dismissed the appeal, finding the endeavor had substantial merit but that national importance was not shown, since the evidence stressed industry importance rather than the specific endeavor's impact.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

Public policy advocate and project manager with doctorate and master's degree seeking NIW classification. Petitioner proposed sustainable farming and biomass fuel development endeavor and submitted recommendation letters. AAO held proposed endeavor lacked national or global implications required under Dhanasar first prong; appeal dismissed.

An airline pilot seeking EB-2 classification and national interest waiver. Claimed endeavor in pilot training and mentoring had national importance. AAO held proposed work as pilot and instructor lacks sufficient prospective impact on aviation field broadly to satisfy Dhanasar's first prong; industry importance and worker shortage alone insufficient.

Petitioner sponsored lawyer beneficiary for EB-2 national interest waiver in bankruptcy and student loan law. First Dhanasar prong failed because specific endeavor lacks national importance; work limited to individual client representation without broader impact on field. Reserved remaining prongs.

A software engineer seeking EB-2 national interest waiver for digital platform work claimed national economic and security implications. The AAO dismissed, finding petitioner worked in important field but failed to establish how specific endeavor would result in broader implications or direct attribution of national impact to petitioner's work.

Assistant vice president in financial services seeks EB-2 national interest waiver. Petitioner claimed endeavor with artificial intelligence and digital technologies has national importance. AAO held substantial merit established but national importance unmet; endeavor impact confined to company and clients, lacking broader field implications required by Dhanasar.

Rope access specialist sought EB-2 national interest waiver. AAO held endeavor lacks national importance because general industry benefits do not demonstrate prospective impact commensurate with national scope. Appeal dismissed without reaching second and third Dhanasar prongs.

A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.

An entrepreneur with advanced degree seeking EB-2 national interest waiver for an electric vehicle charging solutions company claimed substantial merit and national importance. The AAO found substantial merit but held the record lacks evidence showing his specific company would have prospective national impact beyond general industry importance.

A dental surgeon sought EB-2 classification with a national interest waiver for her dental practice. The AAO affirmed denial, finding the Director correctly rejected the waiver claim. While the petitioner qualified for EB-2 as an advanced degree professional, her proposed endeavor lacked national importance because it would not impact the dental field broadly and unsupported business projections could not establish national importance.

Business administrator seeking EB-2 with national interest waiver to establish accounting and financial advisory services company. Claimed substantial merit and national importance based on industry significance and economic contributions. AAO held the proposed endeavor lacks demonstrated national importance; broad industry importance and projections insufficient without corroborating evidence of petitioner's specific business impact.

Pharmaceutical sales representative with advanced degree seeks EB-2 national interest waiver for health-related project. Petitioner claimed national importance through health and economic benefits. AAO held substantial merit shown but national importance unmet; endeavor lacks evidence of broader field or regional impact exceeding specific occupational role.

An entrepreneurship professor sought EB-2 NIW for teaching and training programs. The AAO found the endeavor had substantial merit but lacked national importance because the evidence showed only local educational impact, not broader field implications or substantial economic effects needed for national interest.

Financial manager seeking EB-2 with NIW claimed endeavor has national importance through financial literacy services to small businesses. AAO held proposed endeavor lacks national importance because it lacks broader field implications and benefits only direct clients, not society broadly.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A dentist sought EB-2 classification with national interest waiver for a dental practice startup in Florida. The AAO affirmed denial, finding the proposed endeavor had substantial merit but lacked national importance; creating 21 jobs and generating tax revenue in a non-corroborated HUBZone location did not demonstrate requisite broader impact.

An environmental engineer seeks NIW for an EB-2 self-petition to launch a consulting company in recycling and sustainable waste management. The AAO found the endeavor has substantial merit but lacks national importance, as benefits would not broadly enhance societal welfare beyond the applicant's company.

Healthcare consultant sought NIW to establish and operate new healthcare consulting company as CEO, proposing to optimize human capital and patient care resource allocation. AAO dismissed appeal because proposed endeavor lacks national importance; local economic benefits do not rise to national level; no broader healthcare field implications demonstrated.