Published AAO appeal decisions

A graphic designer seeking to open his own design business filed for NIW. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field broadly or provide substantial economic effects beyond serving clients and employees, dismissing the appeal.

Machine learning researcher with Ph.D. seeking NIW for EB-2 classification. Proposed algorithms and system optimization research. AAO held first prong met but petitioner failed second prong; education alone insufficient; lacked evidence of significant grant leadership, documented field impact, or sustained industry interest.

Veterinary sonographer sought NIW under EB-2 with job offer. AAO dismissed the appeal because the proposed endeavor of providing veterinary sonography services lacks national importance; it only benefits individual pet owners rather than impacting the veterinary field broadly or the national economy.

Self-employed entrepreneur proposing pet sitting, boarding, and dog walking services sought NIW under EB-2. AAO found the petitioner qualified as advanced degree professional but dismissed the appeal because the proposed endeavor lacks national importance, benefiting only a narrow customer base rather than the nation broadly.

Self-petitioner health and safety engineer seeking NIW as EB-2. Claimed endeavor in occupational health and safety management has national importance. AAO held proposed endeavor lacks definitive consistent description and sufficient evidence that work would impact the field broadly or generate substantial positive economic effects nationally.

General and operations manager sought EB-2 NIW for business management services. AAO affirmed denial, finding proposed endeavor lacked national importance despite job creation projections. Teaching and training activities would not impact field broadly beyond direct participants.

A controller seeking national interest waiver to forgo job offer requirement appealed a denial. The AAO dismissed, finding the proposed work in accounting and financial management lacks national importance because benefits would not extend beyond specific clients to impact the broader field or economy.

A martial arts instructor with a foreign bachelor's degree and five years of experience sought a national interest waiver to operate a martial arts academy. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its impact would be limited to business customers, not advancing the field broadly.

A software developer sought NIW for EB-2 classification. The AAO affirmed dismissal because the specific endeavor lacked national importance; merely working in STEM or on critical emerging technologies without demonstrating broader field impact or substantial economic effects does not suffice.

Mixed martial arts fighter sought EB-2 NIW for promoting MMA and developing fitness and healthy lifestyles. AAO dismissed: petitioner did not establish underlying EB-2 exceptional ability qualification. On NIW merits, endeavor lacks national importance; activities would impact only individual trainees, not the field broadly.

Aircraft mechanic self-petitioner claimed exceptional ability under EB-2 and sought national interest waiver. AAO affirmed denial because petitioner failed to establish by preponderance of evidence that expertise was significantly above ordinary in field, and thus did not qualify for underlying EB-2 classification required for NIW eligibility.

Entrepreneur in gym and martial arts studio industry sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner established substantial merit but failed to demonstrate national importance; proposed endeavor lacked broader implications beyond benefiting own business and clients.

Entrepreneur in real estate services sought EB-2 exceptional ability with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner did not demonstrate prospective impact beyond his company or significant potential to employ workers or provide substantial positive economic effects nationally.

Security consultant sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance and petitioner was not well-positioned to advance it; petitioner failed to demonstrate that specific endeavor had prospective impact or broader implications commensurate with national importance.

An advanced degree professional sought national interest waiver for HVAC consulting. The AAO dismissed the appeal because the petitioner materially changed the proposed endeavor between initial filing and RFE response, preventing determination of well-positioned status under Dhanasar.

An economist sought national interest waiver for small-business consulting company. AAO affirmed denial, holding that though the petitioner qualified for EB-2 and had demonstrated substantial merit, the proposed endeavor lacked national importance required under Dhanasar.

Cargo and freight agent and entrepreneur with advanced degree sought EB-2 NIW to establish own business. AAO affirmed the underlying classification but dismissed appeal, finding proposed cargo logistics business lacked national importance despite industry significance.

An entrepreneur sought EB-2 national interest waiver for an IT consultancy. The AAO agreed the endeavor had substantial merit but found insufficient evidence that the specific undertaking would broadly affect the national economy or IT field. Appeal dismissed without addressing petitioner's qualifications or waiver benefits.

An entrepreneur sought EB-2 exceptional ability or advanced degree classification with a national interest waiver. The Director denied him because he lacked an advanced degree, and the Dhanasar framework was not satisfied. The AAO dismissed because the petitioner did not dispute the Director's findings and the appeal waived all three prongs; the AAO declined to reach exceptional ability arguments.

A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.

Physical therapist working for major league soccer team sought EB-2 NIW. Claimed teaching and mentoring activities had national importance. AAO found substantial merit but no national importance: individual work lacks prospective impact beyond employer; no evidence of field-wide advancement or economic effects.