Published AAO appeal decisions

A managing director seeks national interest waiver for EB-2 classification. He claimed his alternative investment program has substantial merit and national importance with potential to attract foreign capital. The AAO held the endeavor lacks sufficient national importance because evidence does not demonstrate specific industry-level impact beyond general economic activity.

Registered nurse sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner demonstrated substantial merit but failed to establish national importance under first prong of Dhanasar framework. General nursing shortage does not render specific proposed endeavor nationally important; no documented innovations or broader implications for healthcare field shown.

An avionics engineer seeks NIW under EB-2. She proposed work in aircraft maintenance, training, and business development. The AAO found substantial merit but rejected national importance because her training and engineering work would not impact the aviation industry beyond her employer and clients.

Physical therapist with valid license claimed national interest waiver for EB-2. Met initial exceptional ability criteria through degree, license, and professional memberships. AAO found petitioner lacks expertise significantly above field ordinary level and proposed endeavor lacks national importance beyond individual patient impact.

Legal consultant with advanced degree sought NIW. Director approved advanced degree qualification but denied NIW. AAO affirmed, finding proposed legal consulting work for Brazil–South America clients lacks national importance despite substantial merit, as it lacks broader field impact or substantial U.S. economic benefit.

An entrepreneur seeking EB-2 NIW classification failed to establish advanced degree status and exceptional ability. The AAO found his proposed endeavor in food service entrepreneurship and business advisory services lacked national importance. The specific work would not impact the field or restaurant industry broadly and showed no significant potential for U.S. job creation.

Entrepreneur with advanced degree sought NIW for proposed real estate and business holding company. AAO affirmed dismissal, finding the ventures lack the national importance required under Dhanasar's first prong. Submitted generalized economic articles did not demonstrate substantial positive economic effects rising to national importance level.

General and operations manager applied for NIW under EB-2 with advanced degree. Petitioner proposed consulting services for general operations management and entrepreneurship. AAO affirmed Director's finding that while work had substantial merit, it lacked national importance; no evidence showed broader field impact or substantial positive economic effects for U.S. economy.

A recruitment consultant with an advanced degree sought EB-2 classification with national interest waiver. The AAO affirmed the petitioner qualifies as an advanced degree professional but found the proposed recruitment work, though having substantial merit, lacks national importance without sufficient documentary evidence of prospective broader economic impact.

A nurse seeks national interest waiver for EB-2 classification. She claimed her proposed nursing work has substantial merit and national importance. The AAO held the endeavor lacks national importance because it would only serve her immediate patients and employers, without demonstrating broader implications for nursing or healthcare fields as required.

IT specialist seeking NIW to fill gap in skilled professionals. Petitioner established substantial merit but failed to demonstrate national importance; tentative job offers in project leadership lack documentary evidence of broader field impact beyond employer benefit.

An entrepreneur and real estate developer seeks NIW for EB-2 based on business development and project management skills in real estate. The AAO dismissed, finding the proposed endeavor lacks national importance; developing 20 housing units in one Florida location does not have prospective impact commensurate with national importance or substantial positive economic effects.

An entrepreneur claiming exceptional ability and NIW sought to provide IT and business services. The AAO affirmed dismissal, finding his proposed endeavor had substantial merit but lacked national importance and would not impact the IT industry broadly or create substantial economic effects.

A cancer biology researcher with a Ph.D. sought a national interest waiver for EB-2 classification to conduct research on targeted cancer therapies. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the research has substantial merit and national importance, she is well positioned to advance it, and the waiver benefits the United States.

Research analyst with advanced degree sought NIW for EB-2 proposing research on preventing recidivism in juvenile detention facilities. AAO found beneficiary qualified for EB-2 but dismissed because proposed endeavor lacked sufficient evidence of national importance or broader field impact.

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

Accountant sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed accounting and tax consulting work demonstrated substantial merit but lacked national importance; no evidence of significant U.S. employment potential or substantial economic effects.

Marine engineer sought EB-2 classification and national interest waiver. AAO affirmed dismissal because proposed endeavor lacked national importance, affecting only employer and specific projects rather than the broader marine engineering field or national economy.

A medical scientist in dentistry sought EB-2 advanced degree classification with a national interest waiver for proposed oral health research. The AAO found the research had substantial merit and national importance but the petitioner was not well positioned to advance it, as education alone was insufficient and she lacked a documented record of research success or implementation.

Entrepreneur in IT seeking NIW for technology consulting for American companies. Claimed substantial merit and national importance given IT professional shortage. AAO dismissed because proposed consulting work lacked demonstrated national importance; benefits limited to applicant's company and individual clients without broader field impact.

Geology researcher sought national interest waiver as member of professions with advanced degree. AAO found proposed research on microfossils and environmental assessments had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well positioned to advance the research independently without primary investigator responsibility.

A dentist sought EB-2 NIW to open a dental clinic in an underserved New York area designated as a dental health shortage area. The AAO upheld dismissal, finding substantial merit but no national importance under Dhanasar's first prong. The proposed practice lacked evidence of broader implications beyond serving local patients.

Medical researcher sought EB-2 national interest waiver. Petitioner lacked advanced degree equivalency and failed to meet exceptional ability criteria. On appeal, she added entrepreneurship role materially changing the petition, which USCIS rejected as improper modification rather than clarification during RFE response.

Entrepreneur and venture capitalist in information and communications technology sought EB-2 NIW classification. Proposed to provide consulting and training services. AAO dismissed, finding proposed work lacks national importance under Dhanasar first prong; services too limited to company clientele without substantial economic benefit.

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.