Published AAO appeal decisions

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

Supply chain management consultant with advanced degree seeks NIW. Petitioner established advanced degree status and eligibility under second Dhanasar prong but failed first prong. Proposed services lack demonstrated national importance despite HUBZone location; no projected economic impact or job creation evidence.

A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

Mental health specialist sought EB-2 national interest waiver. Director found first prong met. AAO affirmed denial, finding petitioner lacked sufficient evidence of positioning to advance proposed endeavor: no record of prior success, detailed plan, progress, or stakeholder interest demonstrated.

Teaching assistant and researcher in instructional design and technology sought EB-2 with NIW for research in AR/VR educational applications. The AAO affirmed denial, finding endeavor has substantial merit but lacks national importance and petitioner is not well-positioned to advance it beyond university impact.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Financial manager sought EB-2 with national interest waiver to provide administrative and financial advice to small and medium businesses affected by COVID-19. AAO dismissed, finding the endeavor lacks national importance and petitioner was not well positioned to advance it.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

A financial manager sought EB-2 classification with NIW for a business providing financial management services to small and medium enterprises. The AAO dismissed, finding the endeavor lacked both national importance and demonstrated positioning, as benefits were limited to direct clients without national implications.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

A system engineer with a doctorate in management science and engineering seeks EB-2 classification and national interest waiver to operate a digitized international online university. He submitted published articles and job announcements as evidence of positioning. The AAO dismissed the appeal, finding he failed the second prong: his earlier research and cited positions lack sufficient connection to the proposed university endeavor, and the university itself exists only in planning stages.

Technology professional with advanced degree seeks NIW. AAO reversed director's favorable second-prong finding and affirmed denial: applicant failed to provide sufficient detail on specific proposed endeavor; letters referenced past experience but not concrete U.S. business plans required for Dhanasar analysis.

A human resources and business development manager self-petitioner sought EB-2 national interest waiver for renewable energy work. The AAO dismissed the appeal: while conceding substantial merit and positioning, the record lacked evidence that the proposed endeavor had national importance or would impact the field beyond her company and clients.

Entrepreneur seeking NIW for retail shoe store business with supply chain focus. AAO dismissed because petitioner failed to establish national importance: proposed sale of shoes lacked broader implications for supply chains at national level, and job creation projections did not demonstrate prospective economic effects commensurate with national importance.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. Claimed endeavor would address nursing shortages and healthcare crisis. AAO dismissed, finding the specific endeavor lacked national importance and petitioner was not well-positioned to advance it due to inadequate funding demonstration.

Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.

Architect seeks national interest waiver for sustainable architecture consulting business. AAO held the endeavor has substantial merit and national importance but applicant lacks demonstrated success or progress in advancing this specific endeavor, so waiver denied.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

Research scientist in organic chemistry employed at FDA control laboratory sought national interest waiver. AAO sustained appeal: proposed research on reducing chemical waste in wastewater treatment satisfies all three Dhanasar prongs; environmental protection aligns with national security; petitioner well-positioned with doctoral degree and record.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.