Published AAO appeal decisions

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

Architectural drafter sought EB-2 NIW classification. Proposed to work on healthcare facility design and eventually become senior designer. AAO dismissed, holding proposed work lacks national importance; confined to employer projects without demonstrating substantial positive economic effects or broader field impact.

A security advisor seeks NIW for EB-2 claiming a security management and counterterrorism role of national importance. The AAO dismissed the appeal, finding the petitioner did not sufficiently demonstrate that the specific proposed endeavor has national importance beyond general field significance; evidence of prospective impact was insufficient.

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.

Marketing manager sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed marketing work benefited only employer, lacking documented broader field implications or substantial economic benefits needed for national importance.

An attorney specializing in environmental and energy law sought EB-2 national interest waiver. The AAO found substantial merit in the proposed endeavor but concluded the petitioner failed to establish national importance under Dhanasar's first prong; recommendation letters addressed past work rather than the specific prospective endeavor details required.

A dentist/manager sought EB-2 national interest waiver to open a dental practice and mobile services in Florida. The AAO affirmed the director's finding that while the petitioner qualified as advanced degree professional, the proposed endeavor lacked national importance; serving specific patients and markets did not demonstrate broader field or economic impact.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

Financial manager sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed work advising on financial investments and capital allocation. AAO affirmed denial, finding insufficient evidence that proposed endeavor would impact the financial field or nation's economy broadly or create substantial US employment.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

A financial manager seeks NIW under EB-2. He claimed his proposed endeavor had substantial merit and national importance. The AAO found substantial merit but not national importance because his work would not extend beyond his employer to impact the financial services field more broadly.

An aeronautical engineer sought a national interest waiver for EB-2 classification to advise aviation manufacturers. The AAO dismissed the appeal because his proposed specific endeavor lacked demonstrated national importance despite his expertise and credentials, failing to show sufficient prospective impact on the aviation industry.

Global supply chain director seeks NIW to work with small U.S. companies serving the aerospace sector. Petitioner claimed proposed endeavor has national importance. AAO affirmed denial, finding the specific endeavor lacks national importance; economic benefits limited to particular employers or clients without broader field implications.