Published AAO appeal decisions

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

Medical device manufacturing entrepreneur with advanced degree sought NIW. Petitioner established qualifying advanced degree status but failed first Dhanasar prong by not demonstrating specific endeavor has national importance. Appeal dismissed without reaching well-positioned or balance prongs.

Airline pilot and instructor with aeronautics background sought EB-2 with national interest waiver for sustainable aviation initiatives. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and specific prospective impact plan.

An equestrian entrepreneur sought EB-2 advanced degree classification and NIW. The AAO dismissed the appeal, finding the proposed equestrian business lacked national importance despite substantial merit, with only modest local employment and economic projections insufficient for national-level impact.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

Service provider with advanced degree sought NIW for business in Florida. Petitioner met underlying EB-2 classification but failed first Dhanasar prong by not establishing national importance of specific proposed endeavor. Revenue projections and staffing levels insufficient to show substantial economic effects. Appeal dismissed.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

A quality engineer seeks an EB-2 NIW to operate a consulting business in quality management. The AAO dismissed the appeal, finding the proposed business lacked evidence of national importance despite claimed economic benefits, job creation, and tax impact.

A mechatronics engineer seeking EB-2 classification with NIW to create an industrial automation company. The AAO found the proposed endeavor lacks substantial merit and national importance because it has no demonstrated impact beyond the petitioner's own business, and general industry significance does not establish specific endeavor importance.

Software and systems architect in autonomous vehicle technology sought NIW. AAO dismissed because although the field has national importance, the petitioner failed to show his specific proposed work would impact the industry broadly; benefits to employer and business partners alone do not satisfy national importance.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

Communications specialist and marketing entrepreneur sought NIW via self-owned company (10% ownership) and food-beverage employer role. AAO dismissed, holding petitioner failed to show national importance of specific endeavor despite claims of economic contribution. Industry importance and job creation insufficient.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

An IT business analyst seeks an EB-2 NIW to operate an identity management consulting startup as CEO. The AAO dismissed, finding the proposed business lacks national importance despite its competent leadership and valuable client services.

Entrepreneur with advanced degree seeking EB-2 NIW for sustainable agriculture business development. AAO affirmed denial because proposed endeavor lacks national importance despite substantial merit. Job creation and economic projections insufficient without supporting evidence of broader prospective impact.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.

Real estate developer and project manager sought NIW for affordable and senior housing development using prefabricated construction. AAO held proposed endeavor lacked sufficient specificity regarding implementation, funding, location, and concrete steps taken, preventing meaningful evaluation of national importance.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. Appeal dismissed.

Data analytics manager with advanced degree sought NIW for work managing digital analysts in banking and financial services. AAO found his mentorship and project work have substantial merit but lack national importance, as the endeavor does not demonstrate broader implications for the field or industry beyond individual benefits.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.

A martial arts educator sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner failed to meet three of six exceptional ability criteria and that the proposed educational endeavor lacked national importance beyond the employing organization.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. AAO held the specific endeavor lacks national importance under Dhanasar because evidence showed only industry importance, not the business's prospective broader impact or employment potential.

Self-petitioner entrepreneur sought NIW for digital marketing specialist work with long-term goal of owning an agency. AAO dismissed appeal, finding endeavor lacked specificity and substance. General occupation claims without detailed descriptions of specific proposed work do not satisfy national importance requirement.