Published AAO appeal decisions

Self-petitioner, professor in Nigeria with Ph.D., proposed research on nanostructured materials to remove contaminants and microplastics from water for treatment and desalination. AAO sustained appeal, finding all three Dhanasar prongs satisfied: research has national importance for U.S. water quality; petitioner well positioned to advance with relevant expertise and track record.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

Risk management professional with advanced degree seeking NIW for EB-2. Petitioner proposed developing risk models and market risk analytics for national economic benefit. AAO dismissed, finding proposed endeavor lacked national importance. Work was too narrowly tied to employer; vague assertions about preventing economic collapse insufficient. Well-positioned and balance prongs not reached.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.

Electrical engineering researcher sought EB-2 NIW for work on renewable energy integration into power grids. AAO held proposed endeavor lacks national importance; research shows no implications beyond university context; appeal dismissed.

A business and logistics specialist sought EB-2 NIW for work in the import-export industry. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it showed only employer-specific cost reduction, not broader field impact or documented job creation potential.

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

Chief executive sought EB-2 NIW to develop online application providing mental health strategies. AAO held endeavor has merit but lacks national importance; projected employment of eight jobs and modest profit do not meet Dhanasar's substantial economic effects threshold.

Real estate entrepreneur sought EB-2 NIW for affordable housing initiative. AAO dismissed appeal, finding the proposed endeavor lacked sufficient prospective impact extending beyond the petitioner's clients to demonstrate national importance or substantial positive economic effects required by Dhanasar.

Attorney seeks NIW for EB-2 advanced degree classification to start law firm providing immigration and legal services. AAO dismissed appeal, finding no demonstrated national importance: occupational shortage does not establish national importance, and impact limited to own clients without broader field advancement.

A computer systems professional with 15 years IT project management experience sought EB-2 national interest waiver. The AAO dismissed, affirming the director's finding that the petitioner failed to identify a specific proposed endeavor, discussing only past accomplishments and future educational plans without demonstrating how any specific endeavor would achieve national importance.

Commercial pilot sought EB-2 classification as individual of exceptional ability and NIW. Director found petitioner met four of six exceptional ability criteria; AAO found actual membership in professional associations not established and training certificates showed completion, not exceptional expertise. Appeal dismissed on both exceptional ability and NIW grounds.

Aircraft pilot and entrepreneur seeking NIW for EB-2 exceptional ability classification proposed a pilot staffing company. AAO found substantial merit but no national importance because the endeavor lacked broader impact beyond the company and its clients, with insufficient evidence of economic scale or scope to affect the nation's economy or aviation industry.

Procurement coordinator sought EB-2 NIW for work optimizing supply chains at unspecified U.S. companies. AAO held the proposed endeavor lacks national importance; it benefits only the employer and clients, not the industry or economy broadly. Service center denial sustained.

Telecommunications engineer proposed Florida-based consulting business under EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance; local business serving physical therapy shortage does not demonstrate broader prospective impact required by Dhanasar.

Entrepreneur with advanced degree sought NIW to establish and operate a non-profit refrigerated trucking and repair services company in Illinois. AAO affirmed dismissal, finding the proposed endeavor lacks national importance despite substantial merit; petitioner failed to provide market studies or evidence of client interest demonstrating job creation or economic impact.