Published AAO appeal decisions

Radiologist seeking NIW for radiological protection management consulting business. AAO dismissed appeal, finding petitioner failed to meet at least three exceptional ability criteria required for underlying EB-2 classification, making NIW eligibility determination unnecessary.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

An electronics technician proposed a pool heating and automation business claiming national importance for sustainability. The AAO dismissed the appeal because the specific proposed endeavor lacked national importance; letters from professors did not demonstrate how routine pool installation services would have broader implications or substantial economic effects.

An engineer sought EB-2 with NIW to open a consulting firm serving small/medium construction companies. The AAO dismissed, finding the proposed endeavor lacked national importance. Arguments about environmental and economic benefits were insufficient under Dhanasar framework.

A human resources specialist sought EB-2 NIW for a proposed HR consulting company offering diversity and inclusion workshops. The AAO dismissed, holding the endeavor lacks national importance because services to individual clients and companies, despite focus on vulnerable populations, lack prospective impact on field or national scale.

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Certified accountant seeks EB-2 with national interest waiver to establish accounting consulting services firm in Florida. AAO dismissed appeal because proposed endeavor, though demonstrating substantial merit and business success potential, fails to show national importance; impact limited to clients without broader industry significance.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Self-petitioner business manager seeks EB-2 NIW to transform struggling companies through management consulting. AAO held proposed endeavor lacks national importance; petitioner's skills relate to second prong, but specific endeavor shows no prospective impact beyond clients or substantial regional or national economic effects.

Aircraft mechanic and technician self-petitioner sought EB-2 with national interest waiver. Claimed his specific aircraft interior technician work in Florida had national importance due to aviation industry significance. AAO dismissed, finding petitioner conflated general industry importance with specific endeavor national importance and failed to demonstrate prospective impact of his individual work.

Veterinarian sought NIW for EB-2 classification to perform animal sterilization and awareness education. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks the national importance required under Dhanasar's first prong, as impact too localized to extend beyond immediate clients.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Physical fitness specialist and entrepreneur sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; benefits limited to client base without broader impact on physical fitness field or obesity prevention at national level.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

A cybersecurity specialist seeking EB-2 with NIW to develop an AI framework for real-time threat detection aligned with national security priorities. Claimed the endeavor combats cyberattacks and fosters US competitiveness. AAO dismissed, finding insufficient evidence of broader industry or economic impact beyond his company and its clients.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.