Published AAO appeal decisions

Legal analyst and entrepreneur sought NIW for EB-2 advanced degree classification to establish real estate investment consultancy without job offer. AAO dismissed appeal because the proposed endeavor lacked national importance; it would not impact the field broadly or produce substantial economic effects beyond the company and its clients.

Entrepreneur seeking EB-2 NIW for an eyewear e-commerce startup claimed substantial merit and national importance. The AAO found the venture had substantial merit but lacked evidence of national importance; industry statistics and business projections did not demonstrate broader prospective impact on the field, only personal economic benefit.

Operations management engineer seeks NIW to pursue energy management graduate studies. AAO affirmed denial finding proposed endeavor lacks national importance; while substantial merit shown, record does not demonstrate broader field implications or regional or national impact beyond individual business.

Exercise physiologist seeking EB-2 with national interest waiver claimed proposed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance because benefits would not extend beyond petitioner's clients to impact field or economy broadly.

Nurse with international bachelor's degree seeking national interest waiver for EB-2 classification. Petitioner proposed specialized nursing in cardiology and intensive care. AAO vacated Director's denial of EB-2 eligibility but dismissed NIW appeal, finding no evidence that individual nursing practice has national importance or field-wide implications.

Self-petitioner IT consultant with advanced degree sought EB-2 NIW. Claimed 24 years experience and endeavor generating eight jobs with national importance. AAO affirmed Director's denial; specific endeavor lacks national importance despite IT industry significance; claimed job creation and past experience insufficient for national importance determination.

Cybersecurity specialist and educator sought NIW without submitting detailed business plan. Proposed applying cybersecurity expertise across eight NIST domains. AAO dismissed because petitioner did not establish national importance of specific endeavor; submitted only general support letters and relied on cybersecurity field importance, not demonstrating how proposed work would have broader impact.

A commercial pilot from Colombia sought EB-2 exceptional ability and NIW based on filling pilot shortages. The AAO affirmed dismissal because the petitioner's proposed work lacked national importance. Working in a shortage-field alone does not establish national importance; the specific endeavor must demonstrate broader implications and impact beyond the employer and its clientele.

Spanish language teacher sought EB-2 national interest waiver for work as language teaching advisor. AAO held that while serving Hispanic and Latino students is valuable, the specific proposed endeavor lacks national importance because its impact is limited to students and schools rather than broadly affecting the education field.

A lawyer with advanced degrees from Brazil seeks EB-2 classification and national interest waiver. She claimed her work in intellectual property, business law, and animal rights advocacy in Latin America would advance U.S.-Brazil relations and strengthen trade. The AAO found substantial merit but no national importance: her assertions lacked specificity and evidence of measurable economic impact or broader implications beyond general legal practice.

Petitioner sought EB-2 NIW for business consulting startup. Director denied, found advanced degree but no national importance. AAO affirmed: generalized industry information insufficient; specific endeavor lacked national or global implications; job creation claims unsubstantiated.

Electrical engineer employed to provide energy efficiency consulting and audits seeks NIW. AAO affirmed denial because proposed work lacks national importance; local impact on customers insufficient. Petitioner failed to show broader implications or substantial economic effects required under Dhanasar first prong.

Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.

Accounting and financial services company sponsored beneficiary for NIW as advanced degree professional. Claimed national importance through accounting and tax preparation services. AAO found substantial merit but rejected national importance because proposed work would not extend beyond company clientele to impact field or economy at national level.

Marketing manager sought EB-2 with national interest waiver. AAO reversed director's prong-one finding and dismissed, holding endeavor lacked national importance and petitioner not well-positioned. Tourism marketing business lacked evidence of significant U.S. economic impact or field-wide advancement.

A clinical laboratory technician seeking EB-2 with national interest waiver claimed ability to serve healthcare professional shortage areas. The AAO dismissed the appeal, finding her proposed endeavor lacks national importance despite STEM field involvement, as she failed to demonstrate the endeavor would have broad field implications or substantial economic effects beyond her business.

Legal analyst and entrepreneur sought EB-2 national interest waiver. AAO dismissed appeal, finding generalized legal consultancy services lacked sufficient national importance; record did not demonstrate prospective impact beyond company and clients to affect legal consulting field broadly.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

Legal consultant from Brazil sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, agreeing with director that while proposed endeavor had substantial merit, applicant failed to establish national importance because general legal consulting lacked demonstrated prospective impact on field or economy.

Nurse seeking EB-2 with national interest waiver based on proposed specialized nursing work in hyperbaric oxygen therapy and ICU care. AAO held petitioner lacks advanced degree and proposed endeavor lacks national importance because benefits would not extend beyond her employer and coworkers to impact the nursing field broadly.

A financial manager sought EB-2 with national interest waiver for self-employment in financial planning and analysis. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because benefits would not extend beyond her future employers and customers to impact the broader financial management industry.

A human resources director sought an EB-2 national interest waiver for a proposed HR consulting company. The AAO affirmed denial because the specific endeavor lacked national importance, as evidence showed only local company and client benefits without substantial national economic effects.

Fashion designer seeks EB-2 advanced degree professional with national interest waiver for sustainable bespoke design practice. AAO found petitioner qualified for underlying EB-2 classification but failed first Dhanasar prong: proposed production model not sufficiently innovative. Appeal dismissed.

Information technology specialist and entrepreneur sought EB-2 NIW to operate her own company. AAO held specific proposed endeavor lacked national importance under Dhanasar despite STEM field and claimed critical infrastructure alignment; revenue and employment projections insufficient.