Published AAO appeal decisions

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

An accountant with advanced degree sought NIW for self-employment in accounting services. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and national importance, and the petitioner was not well positioned to advance it with only vague plans and no documented progress.

Skydiving instructor sought NIW but did not qualify for EB-2 as advanced degree professional or individual of exceptional ability. Met only one of six exceptional ability criteria (license/certification). AAO held endeavor lacked national importance due to absence of quantified economic impact demonstration.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

An entrepreneur with advanced degree sought NIW to lead financial consulting and loan services business. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance despite general importance of entrepreneurs, and petitioner not well positioned to advance it.

An entrepreneur in business coaching sought EB-2 NIW classification. She had an advanced degree and registered business status but provided limited evidence of past business success, a viable business model, or customer interest in her proposed online training courses. The AAO affirmed that she failed the second prong, finding her not well-positioned to advance her endeavor.

A qualitative researcher seeking EB-2 with national interest waiver claiming to advance education research on mental health and student behavior. AAO affirmed denial because petitioner lacked sufficient academic research experience, had no meaningful citation record, and provided only general plans without credible detail or demonstrated progress toward the proposed endeavor.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

An attorney sought EB-2 NIW for a proposed mediation and conciliation company. The AAO affirmed dismissal of motions to reopen, finding the petitioner failed to demonstrate substantial merit and national importance of her specific endeavor, and that she was not well-positioned to advance it beyond industry-wide importance.

Researcher with advanced degree proposes endeavor on mathematical modeling for food safety and water pollution. Petitioner established substantial merit and national importance of proposed research. Failed second prong: published work heavily self-cited, lacking independent recognition from relevant parties needed to show capacity to advance endeavor.

Information technology instructor seeking NIW for continued STEM education work. Claimed national importance based on government STEM policy alignment and recognition as top instructor. AAO affirmed denial, finding substantial merit but no national importance; instructor status and top performer recognition insufficient without demonstrating broader impact on IT or STEM education fields.

Economist with doctorate in economics and finance sought NIW for EB-2 classification. She claimed expertise in economic development and financial analysis. AAO dismissed appeal because she presented inconsistent descriptions of her proposed endeavor and failed to establish its national importance or her capability to advance it.

Chef and entrepreneur seeks EB-2 NIW for culinary field ventures. AAO held proposed endeavor was vague, mixing consulting, social projects, and teaching without specificity. Culinary background did not demonstrate positioning for business management or consulting, failing Dhanasar prongs one and two.

Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.

A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).

Ph.D. public health researcher with advanced degree sought NIW as self-petitioner. AAO found endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she is well-positioned to advance her research through evidence of impact or success.

A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.

Physician seeking NIW under EB-2 claiming medical practice and research in underserved areas. AAO found proposed endeavor lacks national importance; statistics about aggregate physician impact and pandemic response do not demonstrate petitioner's specific prospective impact on the field. Appeal dismissed.

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.