Published AAO appeal decisions

A topography specialist sought EB-2 NIW for infrastructure and aviation work, claiming national importance through improved infrastructure and national security contributions. The AAO dismissed, finding the proposed endeavor was routine technical services for specific projects without demonstrated broader impact on the field or industry.

Entrepreneur in foreign language teaching sought EB-2 advanced degree classification with national interest waiver to start language school. AAO dismissed, finding proposed endeavor lacks national importance under Dhanasar's first prong; no broader implications or substantial economic effects demonstrated beyond petitioner's own school.

Midwife proposing staffing company for pregnant women and newborn care. Qualified as advanced degree professional. AAO dismissed NIW denial because midwifery staffing lacks national importance; though valuable, business has no national economic impact, no advancement to healthcare field, and does not serve economically depressed areas.

An exercise trainer and group fitness instructor seeks NIW status for a fitness center business addressing obesity. The AAO found substantial merit but rejected national importance because benefits would not extend beyond individual clients to impact the fitness industry or economy broadly.

Nurse auditor seeking EB-2 NIW. AAO affirmed director's finding that petitioner failed to establish endeavor's national importance; industry articles addressing occupational health importance generally, not petitioner's specific proposed endeavor, were insufficient.

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

Lawyer with advanced degree sought NIW for EB-2 classification. Petitioner proposed using legal expertise to improve operations and profitability. AAO dismissed because working in an important field is insufficient; proposed endeavor lacked specificity and evidence of national or global implications within legal field.

Dentist with advanced degree sought EB-2 NIW for oral surgery and instruction work. AAO held the endeavor lacks national importance; while instructional work has substantial merit, it does not extend beyond individual trainees to impact dentistry field, public health, or the economy.

Soccer coach seeking NIW claiming exceptional ability and national importance of coaching services. AAO dismissed because petitioner failed to meet EB-2 exceptional ability requirement (satisfied only one of six criteria) and proposed coaching endeavor lacks national impact beyond specific employers and students served.

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

A marketing consultant seeks NIW status to operate a digital and traditional marketing agency serving small and medium-sized businesses. The AAO acknowledged substantial merit but found the business plan insufficient to demonstrate national importance because benefits would not extend beyond individual client companies to impact the marketing industry.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Personal grooming industry entrepreneur sought EB-2 classification and NIW. AAO found petitioner categorically ineligible for EB-2 as advanced degree professional and failed to meet three exceptional ability criteria. Regarding NIW, substantial merit was found but national importance was not; endeavor lacked broader implications beyond individual barbershop business.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

An airline pilot first officer/captain sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding that evidence of pilot shortages and aviation industry importance did not establish that the petitioner's specific endeavor as a commercial pilot had national importance or broader implications.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

A Colombian aviation mechanic sought EB-2 classification as person of exceptional ability with national interest waiver. The AAO found the petitioner met three evidentiary criteria but lacked exceptional ability in final merits determination; the proposed endeavor also lacked national importance, thus dismissing the appeal.

Supply chain manager sought NIW for EB-2 exceptional ability classification. Petitioner proposed designing and implementing distribution systems to advance US logistics economy. AAO dismissed because proposed endeavor failed national importance requirement; support letters showed competence only, not broader field implications or substantial economic effects.