Published AAO appeal decisions

A financial analyst sought EB-2 classification as an advanced-degree professional plus a national interest waiver. The AAO found him eligible for EB-2 but determined his proposed endeavor lacked national importance; appeal dismissed without reaching waiver discretion.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

A civil engineer in construction sought EB-2 classification and a national interest waiver for a consulting company. The AAO affirmed denial because the proposed endeavor lacked national importance; work would be limited to individual clients without broader field implications.

Information systems consultant self-petitioner claiming national interest waiver for EB-2. The AAO affirmed denial, finding the petitioner failed to establish the underlying EB-2 advanced degree requirement and, on the NIW analysis, the proposed consulting work lacked sufficient specificity and demonstrated national importance.

Mechanical engineer in automotive industry seeking NIW. Claimed national importance through NAFTA requirements, wage guarantees, manufacturing innovation, and talent shortage. AAO held work lacks national importance because prospective impact limited to individual employers with no evidence extending beyond clientele to influence field or economy broadly.

An entrepreneur with advanced degree seeks EB-2 NIW to establish financial consulting firm projecting 25 employees and $5.8 million revenue. AAO held the proposed endeavor lacks demonstrated national importance because job creation and revenue projections are insufficient to show substantial economic benefit, and petitioner failed to show specific endeavor impacts field broadly.

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

A pilot seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because working as a pilot, while part of an important industry, does not itself have broader field implications or prospective impact.

General and operations manager in residential construction sought EB-2 with national interest waiver. AAO agreed petitioner established advanced degree eligibility but dismissed appeal on NIW because specific endeavor lacked national importance under Dhanasar first prong.

A digital marketing specialist proposed partnering with universities to market courses via e-learning platform. The AAO found insufficient evidence that the endeavor would impact online higher education broadly or demonstrate national importance. Appeal dismissed under first prong of Dhanasar.

A flight attendant seeks EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal, finding the petitioner failed to establish that her proposed endeavor had substantial merit or national importance, lacking prospective impact beyond incremental industry improvements.

An advanced degree professional sought EB-2 national interest waiver for work improving oil and gas extraction processes. The AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance due to inconsistent and vague descriptions of specific plans and insufficient evidence of prospective economic effects.

A petitioner proposes to establish a sales and marketing organization to promote lesser-known U.S. tourism destinations beyond the top 20. AAO held the proposed endeavor lacks national importance because it fails to demonstrate broader field implications, lacks specificity on target regions, and revenue/employment projections do not show substantial economic effects.

A language educator with an advanced degree sought EB-2 NIW classification. The AAO dismissed because the petitioner failed the first Dhanasar prong: while her endeavor in language education had substantial merit, she did not demonstrate national importance. Her curriculum development and teaching activities lacked broader implications beyond her immediate students and employer.

A sales manager in IT and banking sought EB-2 classification with a national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because she failed to demonstrate her specific venture would benefit the economy or field nationally; appeal dismissed.

A legal tax consultant sought EB-2 NIW for establishing a consulting company to serve small and medium-sized businesses. The AAO found substantial merit but concluded the petitioner failed to demonstrate the specific endeavor would have national importance or broader industry impact beyond his clients.

A trainer sought EB-2 classification with national interest waiver for a Florida physical training business. The AAO dismissed because while the endeavor has substantial merit, it lacks national importance; modest revenue and employment projections demonstrate no substantial positive economic effects at regional or national level.

Supply chain management consultant with advanced degree seeks NIW. Petitioner established advanced degree status and eligibility under second Dhanasar prong but failed first prong. Proposed services lack demonstrated national importance despite HUBZone location; no projected economic impact or job creation evidence.

An international commercial manager sought employer-sponsored EB-2 NIW claiming expertise in logistics and international markets. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; her proposed endeavor lacked broader industry impact and she provided no explanation of specific implementation methods.

A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.

A cosmetologist seeks EB-2 exceptional ability classification and national interest waiver for training and business coaching endeavors. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and broader field implications required under Dhanasar framework.

A nurse with advanced degree self-petitioned for EB-2 NIW, asserting health and welfare benefits to the nation. The AAO dismissed, holding that while national interest waivers need not require economic benefits, providing routine services identical to other nurses, without medical advances or field-wide implications, does not meet the first Dhanasar prong.

Brand manager with advanced degree sought EB-2 national interest waiver. AAO agreed petitioner qualified for EB-2 but dismissed appeal because digital marketing services lacked national importance; services beneficial only to clients, not rising to broad prospective impact.

Pharmaceutical and healthcare consultant sought EB-2 with national interest waiver to provide professional advice through independent consultancy. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient evidence of broader field implications or substantial positive economic effects beyond individual clients.

A speech therapist with 23 years of experience seeking EB-2 with national interest waiver to provide specialized services to Hispanic-Latino populations. AAO vacated denial of advanced degree eligibility but affirmed NIW denial because petitioner failed to show national importance; shortage of healthcare workers and personal patient care were insufficient without evidence of broader field impact or substantial economic effects.