Published AAO appeal decisions

IT education entrepreneur sought EB-2 NIW classification. Petitioner claimed substantial merit and national importance of his proposed business venture. AAO found the specific proposed endeavor lacked sufficient prospective impact, broader implications, employment potential, or economic effects to demonstrate national importance, dismissing the appeal.

Cybersecurity engineer sought NIW as EB-2 advanced degree professional. AAO found proposed consultancy has substantial merit but lacks national importance because record fails to show specific endeavor's prospective impact of national scope or scale.

Commercial manager sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed commercial strategy endeavor under Dhanasar framework; evidence showed only personal or employer-specific benefit.

Advanced degree professional sought EB-2 with NIW for business executive and educator role. AAO dismissed because petitioner failed first Dhanasar prong: no evidence that proposed endeavor has national importance or substantial positive economic effects commensurate with waiving job offer requirement.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.

A high school mathematics teacher seeking EB-2 with national interest waiver for developing online lesson plans with adaptive learning. Initially approved, then revoked. AAO dismissed on de novo review, finding the endeavor lacked national importance as it only impacted the petitioner's classroom without broader field implications.

Administrative services manager sought NIW for EB-2 to operate motor vehicle maintenance and repair shop. AAO dismissed appeal; proposed endeavor lacks national importance despite projected employment; does not differ from countless other automotive service businesses nationwide.

International business manager in supply chain consulting seeks NIW based on EB-2 advanced degree or exceptional ability. AAO affirmed denial: substantial merit shown but national importance not established; specific endeavor lacks broader economic impact beyond company clients and employees.

Interior design business petitioned for senior interior designer O-1A nonimmigrant classification. AAO affirmed dismissal finding beneficiary met only published materials and recognition criteria; did not satisfy three-criterion threshold; petitioner also lacked valid U.S. employer status.

An artist with exceptional ability sought EB-2 with NIW for environmental and wildlife art using recycled materials. The AAO affirmed denial, finding her specific proposed endeavor lacked national importance despite artistic merit. Letters addressed the field generally without explaining her particular work's broader implications.

Plastic surgeon claimed extraordinary ability under EB-1A, citing awards, association membership, and professional standing. AAO found he was nominated but did not receive the primary award and failed to establish that his association required outstanding achievements judged by recognized experts. Record lacked evidence of sustained national acclaim requisite for the classification.

Nursing professional with bachelor's degree sought EB-2 NIW as nurse practitioner. AAO dismissed appeal, finding petitioner failed to establish five years of progressive post-baccalaureate experience as nurse practitioner; thus ineligible for underlying EB-2 and NIW not reached.

Personal finance and entrepreneurship consultant with advanced degree sought national interest waiver for EB-2 classification. AAO found substantial merit for proposed endeavor but dismissed appeal because petitioner failed to establish national importance; specific consulting services lacked broader field impact or sufficient economic effects beyond direct clients.

Self-petitioner proposes special education business for children, claims EB-2 advanced degree professional eligibility and national interest waiver. AAO affirmed denial, finding petitioner lacks required five years post-baccalaureate experience in specialty and therefore fails underlying EB-2 qualification, making NIW analysis unnecessary.

Self-petitioner in pilot training education sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, affirming director's finding that proposed endeavor lacked national importance under Dhanasar's first prong, as applicant failed to demonstrate sufficient economic impact or job creation beyond individual clients.

Human resources entrepreneur seeking national interest waiver for EB-2 self-petition. Petitioner claimed substantial merit and national importance of consulting business. AAO upheld Director's finding that endeavor lacked national importance despite substantial merit, as no evidence of broader field impact or significant economic effects.

Infrastructure project manager sought EB-2 national interest waiver. AAO held that while the proposed endeavor had substantial merit, it lacked national importance because the business would provide benefits only to limited clients and employees, with no broader economic impact commensurate with national significance.

Commercial airline pilot claimed EB-2 exceptional ability and national interest waiver to advance airline operations and pilot training policy. AAO found he did not qualify as individual of exceptional ability under EB-2, and his proposed endeavor lacked national importance, dismissing the appeal.

An architect qualified as advanced degree professional seeks NIW for EB-2 proposing sustainable design and architecture work with training offerings. AAO found petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; general importance of sustainable architecture field insufficient, dismissing appeal.

Business administrator and entrepreneur in auto parts company sought EB-2 with national interest waiver. Did not establish exceptional ability for underlying EB-2 classification, making waiver ineligible. AAO dismissed appeal without addressing Dhanasar prongs.

A barber and barber instructor sought EB-2 national interest waiver for a barbershop and barber school business. The AAO affirmed denial on two grounds: the applicant failed to meet three evidentiary criteria for exceptional ability status, and the proposed endeavor lacked national importance as required by Dhanasar.

Process engineer and entrepreneur self-petitioner proposed general business consulting services to small/medium companies. AAO dismissed: consulting endeavor lacks national importance; projected fourteen jobs and revenue do not establish substantial economic effects; benefits confined to individual clients, not field-wide.

Self-petitioner aspiring franchise broker sought EB-2 NIW. Claimed experience in automotive repair and past franchisee involvement qualified him to operate franchise brokerage targeting foreign investors. AAO held proposed endeavor lacked sufficient evidence of national importance; petitioner's niche background did not demonstrate positioning to advance multi-industry franchise brokerage.

An entrepreneur in aviation supply seeks EB-2 NIW to develop military aircraft spare parts. The AAO found her MBA qualified her as advanced degree professional and the endeavor had substantial merit, but dismissed because she failed to demonstrate national importance. She relied on industry importance rather than showing specific broad impact of her particular business.

Soccer coach and entrepreneur sought EB-2 classification as individual of exceptional ability and national interest waiver under Dhanasar. AAO found substantial merit but dismissed appeal because proposed endeavor lacked national importance; it would not impact athletics field broadly or provide sufficient economic benefits to rise to national importance level.