Published AAO appeal decisions

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.

Finance executive with advanced degree sought national interest waiver as EB-2. Petitioner claimed substantial merit and national importance for proposed finance role. AAO dismissed motion, finding petitioner reargued prior issues without new evidence or legal error and did not meet first prong.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

Accountant and financial audit expert with advanced degree sought national interest waiver but failed first Dhanasar prong; submitted articles on accounting field and support letters praising past work, but none established national importance of her specific proposed financial analysis and reporting endeavor.

Music instructor and musician claims national interest waiver for EB-2 immigration. Proposed endeavor to improve representation of diverse identities in orchestral music through teaching and research was found to have substantial merit but lack the national importance required under Dhanasar because impact was limited to local students and lacked broader field implications.

Lead data engineer: employer-sponsored EB-2 with national interest waiver claim. Petitioner asserted cloud computing and AI work had national importance. AAO held proposed endeavor lacked national or global implications and benefited only specific employer; first prong failed.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

An advanced manufacturing engineer seeks EB-2 with NIW. The AAO agreed substantial merit was shown but found the petitioner did not adequately demonstrate national importance of the specific endeavor. The decision remanded for the director to reconsider the third prong using STEM-field guidance from policy manual.

A pharmacist and consultant sought a waiver to create a counseling platform addressing prescription medication misuse. She possessed an advanced degree qualifying for EB-2. The AAO dismissed the appeal because her proposed endeavor lacks national importance, with benefits limited to individual platform users rather than demonstrating substantial positive economic effects or industry-wide impact.

IT specialist specializing in national security sought EB-2 with national interest waiver for an endeavor to improve digital security and IT management practices across U.S. sectors. The AAO dismissed, finding the petitioner's expertise and past accomplishments do not establish the proposed endeavor's national importance; the work would not sufficiently impact the field beyond prospective customers.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

A pharmaceutical researcher with advanced degree seeking EB-2 classification and national interest waiver for nanotechnology drug delivery research targeting cancer and HIV. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor advances federal priorities, petitioner well-positioned through expertise and proven success, and waiver benefits U.S. public health.

A software engineer seeks EB-2 with national interest waiver to develop a secure video conferencing platform with AI-assisted features. He claimed the endeavor would drive economic growth and innovation but provided no evidence of national importance or broader industry impact. The AAO affirmed dismissal of the appeal.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

Cybersecurity specialist seeks NIW to establish consulting company as CEO. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor, lacking evidence the company would operate at scale or have broader implications for cybersecurity industry despite cybersecurity being government priority.

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.