Published AAO appeal decisions

Accountant sought EB-2 NIW for financial literacy business endeavor. AAO affirmed Director's denial, finding the proposed endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate impact beyond her organization and did not adequately address specific Director findings.

Computer user support specialist seeking national interest waiver for EB-2 classification. Petitioner claimed national importance based on STEM field priority and IT labor shortage. AAO dismissed because generalized information about IT field does not establish national importance of specific endeavor to advance IT career.

A marketing consultant with advanced degree sought EB-2 NIW to establish marketing consultancy in the United States. The AAO found substantial merit but dismissed because she failed to show national importance. Her fifth-year revenue and employment projections were insufficient; focus must be specific endeavor impact, not field importance.

Industrial engineer sought NIW to operate independent consulting business serving manufacturing and related industries. AAO affirmed denial, finding no evidence the specific endeavor would meaningfully impact targeted industries or demonstrate substantial economic effects at national level.

An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

Industrial and quality engineer seeks EB-2 exceptional ability classification and NIW. AAO affirmed dismissal partly because petitioner abandoned appeal arguments regarding national importance by failing to respond to Director's analysis. Also found first Dhanasar prong unmet.

Pilot with eleven years aviation experience seeking NIW claimed his work would generate positive economic impact and address labor shortages. AAO held the endeavor lacks national importance because working as pilot does not demonstrate broader field implications or substantial prospective economic effects.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.

Industrial engineer proposing multidisciplinary real estate and construction engineering company. Failed to establish that the specific endeavor would substantially impact the field more broadly or produce significant employment or economic effects at a level commensurate with national importance.

Entrepreneur proposes boat-building business in economically depressed area, seeking EB-2 exceptional ability or advanced degree classification and NIW. AAO affirmed denial because endeavor lacks national importance; local job creation and economic contribution insufficient without industry-wide advancement.

Chemical engineer sought EB-2 classification and NIW waiver to consult for U.S. cosmetics companies on product formulation. AAO dismissed appeal, affirming Director's finding that proposed endeavor lacked national importance, despite petitioner arguing Director failed to discuss all evidence submitted.

Environmental engineer with advanced degrees sought NIW for sustainable development endeavor in waste and plastics management. AAO affirmed denial, finding insufficient evidence that the specific proposed endeavor has national importance or broader impact on the field, despite acknowledging its potential merit.

Dental surgeon and entrepreneur petitioned for NIW to operate oral health clinics in underserved regions. Claimed all three Dhanasar prongs including job creation and dentist shortage benefits. AAO found endeavor lacks national importance; dentist shortage and general economic activity insufficient, and dismissed without addressing remaining prongs.

Marketing administrator sought NIW as EB-2 advanced degree professional. AAO withdrew director's advanced degree determination due to lato sensu MBA lacking master's degree equivalency. On NIW, proposed marketing consulting has substantial merit but lacks national importance; record does not show specific endeavor's prospective impact meets Dhanasar standard.

Managing consultant seeks national interest waiver for nonprofit consulting company serving homelessness and income inequality. AAO affirmed denial: despite substantial merit, endeavor lacks evidence of national importance; insufficient projections of regions, projects, or employment impact.

Electromechanical engineer sought exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: did not establish national importance of proposed endeavor; submitted insufficient evidence identifying endeavor with specificity or demonstrating prospective impact. Reserved decision on underlying exceptional ability eligibility.

Dentist holding advanced degree equivalent sought national interest waiver. Director found substantial merit and second prong satisfied but denied on lack of national importance. Petitioner provided insufficient details about proposed clinical practice and nonprofit programs to establish national importance. Appeal dismissed.

Woman seeking EB-2 NIW to operate business providing services for disadvantaged women claimed substantial merit for gender equality initiatives. AAO held specific proposed endeavor lacked national importance; local South Carolina benefits and $155K first-year revenue insufficient.

A petitioner sought NIW for an educational technology platform to improve STEM education. The AAO affirmed dismissal because the specific proposed endeavor lacked national importance. Although STEM education has merit, the petitioner failed to demonstrate how the platform would broadly impact the field beyond its prospective students or achieve substantial economic effects.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Tourism director from Ministry of Commerce seeks EB-2 advanced degree professional and national interest waiver. AAO found petitioner failed first Dhanasar prong: no sufficiently detailed or specific proposed endeavor identified. Appeal dismissed.

Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.