Published AAO appeal decisions

A project manager seeks NIW for EB-2 proposing digital technology implementation in oil and gas to reduce emissions and support clean energy transition. The AAO dismissed, finding the endeavor lacks demonstrated national importance because evidence does not establish sufficient prospective impact beyond his client organizations.

Fitness consultant and trainer sought EB-2 national interest waiver. Claimed athletic training programs would improve health and wellness industry. AAO dismissed because specific proposed endeavor lacked demonstrated national importance or field-wide impact.

Social communications specialist seeking national interest waiver for small trade consultancy business serving SMEs. AAO held proposed endeavor lacks national importance; business activity does not extend beyond employees and clients or demonstrate substantial economic benefits.

A quality systems specialist sought EB-2 NIW claiming her consulting work would improve industry performance and national economic output. The AAO dismissed, finding her work for fifteen small companies lacked evidence of national-scale impact or substantial economic effects required for national importance.

Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.

Industrial engineer seeks NIW to provide industrial engineering services domestically. AAO dismissed appeal, finding the proposed endeavor lacks sufficient specificity and national importance because petitioner failed to identify the industry or field, provided only general claims, and did not demonstrate potential significant employment or economic effects.

Clean products trader in oil and gas with chemical engineering degree seeking EB-2 NIW. Proposed continuing trading role domestically. AAO dismissed, finding trader's specific endeavor, though in nationally important industry, lacks independent national importance and broader prospective impact.

Legal and business consultant seeking EB-2 NIW claimed broad endeavor spanning legal consulting, real estate investment, and Kazakhstan-U.S. business ties. AAO held the proposed endeavor lacked specificity and national importance; individual benefits and economic assertions insufficient for national-level impact.

Physical education instructor with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance; training programs benefit individual clients but do not establish broader fitness industry implications or substantial economic effects required.

An airline pilot seeking EB-2 with national interest waiver. The AAO found no specific, detailed proposed endeavor beyond continuing commercial pilot work. The petitioner failed to establish substantial merit and national importance, confusing industry shortage with endeavor-specific national importance under Dhanasar. Appeal dismissed.

An aircraft pilot sought NIW for EB-2 exceptional ability classification. Petitioner proposed piloting and training other pilots to address industry shortage. The AAO dismissed, finding the endeavor lacked demonstrated national importance; prior foreign experience and industry demand alone do not establish prospective national impact.

Entrepreneur seeks NIW to establish cosmetic factory and sell hair care products. AAO dismissed appeal, finding the endeavor has substantial merit but lacks national importance because evidence showed only product popularity without demonstrating broader field implications or substantial positive economic effects contemplated by Dhanasar.

Human resources consultant with advanced degree in psychology seeks EB-2 national interest waiver for consulting business. Claimed national importance based on HR field demand and prior professional accomplishments. AAO dismissed, finding petitioner adequately defined endeavor but failed to establish national importance; focus on endeavor itself, not petitioner's qualifications.

Legal services entrepreneur sought EB-2 national interest waiver. Claimed business expansion to multiple locations would employ workers and generate economic benefits. AAO dismissed because petitioner failed to demonstrate specific endeavor's national importance beyond business client impact.

Physical therapist and entrepreneur proposed establishing a therapy and pilates clinic with focus on elderly and post-COVID care. AAO found substantial merit but held proposed clinic endeavor fails to demonstrate national importance, dismissing on first Dhanasar prong.

Accounting and finance manager seeking NIW. Met substantial merit but failed national importance requirement. AAO dismissed appeal, finding that general importance of accounting and finance field is insufficient and petitioner failed to show proposed endeavor impacts STEM field or critical emerging technology.

Marketing manager and entrepreneur with advanced degree sought NIW as self-petitioner to start business creating 23 jobs. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance since benefits would not extend beyond organization to broader industry or field.

Self-petitioner, financial adviser seeking EB-2 with NIW, proposed advisory services to small businesses post-COVID. AAO found substantial merit but reversed director's adverse substantial merit ruling and upheld denial on national importance; proposed work limited to Texas oil and gas SMEs lacks broader economic or field impact.

A video game designer and entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because the proposed endeavor lacked national importance under Dhanasar; credentials and professional experience alone cannot establish the specific endeavor's national significance.

Nurse seeking NIW for employment as nurse. Did not satisfy initial EB-2 exceptional ability evidentiary requirements; failed to meet at least three regulatory criteria. Record does not establish national importance of proposed nursing endeavor. Appeal dismissed.

An entrepreneur directing a small freight transportation company sought a national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; local job creation and company-focused benefits did not extend to broader industry or national economic impact.

Animation specialist with advanced degree seeks NIW for EB-2. Claimed proposed animation work is of national importance. AAO held the work lacks national importance because petitioner failed to demonstrate broader implications beyond employer and its clients; the importance of the field itself is insufficient.

Physician and business consultant sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor had substantial merit but lacked national importance. Vague description of business consulting services and market opportunity did not establish specific prospective impact on healthcare field.

Firearms instructor proposed opening a shooting academy in Florida for gun safety and sports training. AAO found the specific endeavor lacked broader implications rising to national importance. General small business interest insufficient to meet Dhanasar standard.

Self-petitioner, architect and program manager with advanced degree seeking EB-2 NIW. Claimed eligibility under Dhanasar framework. AAO affirmed dismissal, finding petitioner failed to establish first prong; relied on industry importance rather than specific endeavor impact, without new evidence on appeal.