Published AAO appeal decisions

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

Employer-sponsored public relations manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance under Dhanasar; her proposed work was limited to specific employers and clients without broader economic or field-level impact.

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

A financial executive sought a national interest waiver for an EB-2 petition. Although the director found the petitioner qualified as advanced degree professional and the endeavor had substantial merit, the AAO affirmed denial, finding the proposed work lacks national importance because it would not impact the finance industry beyond the employer.

Training and development manager sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional or exceptional ability; failed to meet at least three of six regulatory criteria. AAO dismissed appeal.

An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.

Business management consultant sought national interest waiver claiming endeavor of operational supervision and continuous improvement techniques. AAO held proposed endeavor lacked national importance, finding past company results insufficient to establish broad impact and applicant's qualifications relevant only to subsequent prong. Appeal dismissed.

Tennis coach seeking EB-2 NIW proposed operating a tennis academy. AAO held the specific endeavor lacks national importance despite assertions of tennis benefits and a product innovation; the record does not demonstrate national or global implications within the field or substantial positive economic effects beyond the business.

A military officer with advanced degree in special and tactical operations seeks EB-2 NIW. The petitioner proposed creating a security consulting company. The AAO dismissed the appeal, finding the endeavor fails to demonstrate national importance or substantial economic effects under Dhanasar.

A physical therapist proposing to operate a business providing physical therapy and Pilates services, with potential cross-border consulting. AAO held that the petitioner failed the first prong by lacking sufficient evidence that the business would impact healthcare broadly or generate substantial economic effects at national level.

A dental medical scientist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner met the underlying advanced degree requirement but failed to establish a consistent, clearly defined proposed endeavor with substantial merit and national importance, and was not well positioned to advance the work due to lack of U.S. dental practice qualification.

Legal analyst sought EB-2 national interest waiver. Director found petitioner qualified for underlying EB-2 classification but failed all three Dhanasar prongs. AAO affirmed, finding petitioner changed proposed endeavor from legal analyst to legal business analyst entrepreneur, preventing coherent Dhanasar analysis.

A civil engineer proposed a consulting business offering services to road and highway construction companies. The AAO affirmed dismissal because the petitioner failed to demonstrate that the specific endeavor has national importance under Dhanasar; describing the general importance of infrastructure and infrastructure priorities was insufficient without showing prospective impact.

Civil engineer self-petitioner claimed national interest waiver for consulting services in road and highway construction. AAO affirmed denial, finding the proposed endeavor lacks national importance despite industry merit; employment potential and economic effects remain unspecified and insufficient.

An advanced degree professional proposed a personalized fitness and wellness business. The AAO found substantial merit but rejected national importance, concluding the endeavor lacked broader implications beyond servicing individual clients and would not provide substantial economic effects to merit a waiver.

A general and operations manager and self-founder of a freight transportation company sought a national interest waiver for EB-2 classification. The AAO dismissed the appeal because the proposed endeavor lacks national importance; it does not demonstrate national or global implications or substantial positive economic effects beyond specific clients.

A self-petitioner seeking national interest waiver for security consulting business proposed to provide expertise to U.S. companies. AAO held that the petitioner failed to demonstrate national importance because the business would operate only for specific clients without broader implications for the field or meaningful economic impact.

Entrepreneur seeking national interest waiver for EB-2 advanced degree classification claimed endeavor in business consulting or biodegradable cleaning products. AAO dismissed appeal because petitioner provided inconsistent and insufficient evidence of proposed endeavor, failing first prong of Dhanasar by not demonstrating national importance or broader implications.

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

Media and marketing professional with LLC startup sought NIW for EB-2 classification. Proposed marketing services and training workshops for clients. AAO affirmed endeavor has substantial merit but lacks national importance; proposed work benefits specific clients and trainees without broader impact on advertising or marketing field. First prong failed.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.