Published AAO appeal decisions

Medical scientist seeking EB-2 with national interest waiver. Claimed proposed endeavor to bridge Korean and U.S. medical systems had substantial merit and national importance, and that he was well positioned to advance it. AAO found the endeavor lacked specificity, techniques were not clearly identified or proven superior to existing U.S. offerings, and no demonstrated partnerships or interest from relevant institutions.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.

Human resources manager with advanced degree seeks NIW for EB-2 classification to implement diversity and workplace safety initiatives in U.S. companies. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; general HR and safety work does not satisfy Dhanasar first prong.

A martial arts instructor seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because petitioner failed to demonstrate exceptional ability required for EB-2 qualification; inconsistent representations about proposed endeavor made evaluation impossible; NIW analysis not reached.

Pilot sought EB-2 with national interest waiver. AAO found advanced degree equivalent established but rejected NIW claim. Proposed endeavor of airline piloting lacks demonstrable national importance beyond industry-wide pilot shortage. Letters and advisory opinion failed to explain specific endeavor impact. Appeal dismissed.

An economist with master's degree in economics claims national interest waiver for educational consulting company bringing Nigerian students to U.S. universities. AAO found substantial merit but not national importance; endeavor too narrowly scoped to Nigerian students without broader field impact. Appeal dismissed.

A tourism entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed she lacked an advanced degree equivalent and satisfied only one of six exceptional ability criteria. As she failed to qualify for underlying EB-2, the Dhanasar analysis was not reached.

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

General and operations manager seeks EB-2 with national interest waiver under Dhanasar framework. AAO dismissed, finding proposed endeavor lacks substantial merit and national importance; basic economic activity of advising businesses does not reach level required for waiver.

A crime and intelligence specialist seeking EB-2 exceptional ability and national interest waiver. The AAO found the petitioner met four evidentiary criteria but lacked the requisite degree of expertise significantly above that ordinarily encountered in the field. The waiver prongs were not reached due to failure on the underlying exceptional ability requirement.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

Graphic designer self-petitioner claimed national interest waiver under EB-2. AAO affirmed denial on two grounds: petitioner failed to establish equivalency to U.S. advanced degree, and proposed business endeavor lacks national importance or broader economic effects.

Vocalist and music teacher with advanced degree sought national interest waiver for endeavor of musical event management and classical music teaching. AAO affirmed underlying EB-2 eligibility but found proposed activities lacked national importance, distinguishing from STEM teaching precedent by showing no broad industry impact. Appeal dismissed.

Youth soccer academy petitioned to employ a soccer coach as an EB-2 beneficiary with national interest waiver. AAO affirmed denial because the coach's youth coaching endeavor lacked national importance; recommendations showed coaching excellence but not prospective impact at industry scale required by Dhanasar.

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.

Marketing professional with Brazilian tourism experience seeks national interest waiver for EB-2. Petitioner initially proposed general marketing work, then introduced new business plan at RFE stage. AAO found impermissible material change and held original endeavor lacks national importance. Work would not impact field or economy beyond specific employer clientele.

Industrial technician seeks exceptional ability classification and NIW. AAO found petitioner did not meet initial evidentiary requirements for EB-2 exceptional ability, particularly lacking education or experience in proposed CEO role. Did not reach NIW merits.

Entrepreneur sought EB-2 exceptional ability and NIW. AAO affirmed no advanced degree, found academic record but only one of six exceptional ability criteria met, insufficient for classification threshold. NIW analysis reserved as applicant ineligible for underlying EB-2 category.

An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

Marketing manager with advanced degree sought EB-2 national interest waiver. Director found advanced degree eligibility established. AAO affirmed denial, finding proposed endeavor lacked national importance; no evidence of projected economic impact or job creation at national level.