Published AAO appeal decisions

Culinary entrepreneur with advanced degree sought NIW for specialty cake market business. AAO dismissed because the petitioner, despite 16 years entrepreneurial experience and substantial merit, failed to show national importance; independent bakery does not impact culinary arts broadly enough.

Linguist with advanced degree sought EB-2 with NIW for communications director role in trucking industry. Director found eligibility but denied NIW. AAO affirmed, finding petitioner failed first Dhanasar prong; proposed endeavor lacks specific national importance despite industry significance and late-added claims about owning company.

Financial manager with advanced degree sought national interest waiver for consulting firm providing financial planning and company valuation services. AAO found endeavor has substantial merit but lacks national importance; projected eight million dollars in revenue and twenty-one jobs insufficient to demonstrate national-level economic impact. Appeal dismissed.

A teacher sought NIW EB-2 classification proposing flashcard teaching methodology in underserved communities. The AAO found the endeavor has substantial merit but lacks national importance, as it would not impact education broadly and evidence did not establish specific prospective impact.

Financial and investment specialist seeks NIW for consulting business providing financial advisory services to small businesses. AAO found substantial merit but held proposed endeavor lacks national importance without detailed evidence demonstrating scope and nationally significant impact on financial literacy or small business growth.

Self-petitioner dentist sought EB-2 NIW based on proposed dental clinic practice. AAO found endeavor has substantial merit but not national importance. Business plan projections and general importance of dentistry do not establish that one dental clinic will have significant prospective impact beyond its own operations and patients.

Foreign legal consultant sought EB-2 with national interest waiver. AAO dismissed appeal finding no national importance. Laudable goals for capital accumulation, job creation, and legal innovation lacked evidence of prospective broad impact. Past achievements and conclusions about influence on legal field insufficient without detailed demonstration of field-wide or economic significance.

Commercial pilot seeking NIW for EB-2 as individual of exceptional ability claimed national importance based on U.S. pilot shortage and aviation industry importance. AAO dismissed because pilot shortage and industry importance do not establish national importance of specific endeavor; no evidence of prospective impact on aviation field beyond employers and customers.

Foreign legal consultant sought EB-2 with national interest waiver. AAO affirmed denial, finding petitioner qualified for EB-2 and proposed endeavor had substantial merit but lacked national importance. Industry reports and unsupported assertions insufficient to show prospective impact beyond individual clients.

General manager and entrepreneur seeks exceptional ability EB-2 with NIW. AAO affirmed denial because petitioner satisfied only one of six exceptional ability criteria required. Without underlying EB-2 eligibility, NIW analysis was not reached.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

A recreation and fitness studies teacher with an advanced degree sought an EB-2 national interest waiver. The Director found his initial proposed endeavor as a classroom teacher lacked national importance. The petitioner then proposed a sports academy business instead, creating a new and inconsistent set of facts. The AAO dismissed, finding the proposed endeavor lacked definitive description and did not demonstrate national importance.

Financial advisor sought NIW under EB-2 for commercial director position. Petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. AAO dismissed, finding business plan lacked credibility and specific endeavor lacked broader field implications.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.

Legal analyst and entrepreneur with advanced degree seeking EB-2 NIW classification proposed business endeavor in legal field. AAO agreed with director that although endeavor had substantial merit, national importance was not established because benefits were isolated to petitioner's company and clients without broader impact on the legal field at national level.

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

An education administrator and entrepreneur sought NIW for an EB-2 educational services business. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field beyond direct students and clients, dismissing the appeal.

Food service manager and entrepreneur sought EB-2 NIW to establish bakery in Florida featuring Brazilian cuisine. Claimed substantial merit and national importance. AAO found industry important but proposed endeavor lacked national importance: independent bakery lacks prospective impact beyond customers; insufficient evidence of economic effects.

Chemical engineer and researcher self-petitioner seeking EB-2 NIW based on proposed endeavor in chemistry field. Claimed substantial merit and national importance. AAO affirmed denial because proposed endeavor lacked national importance and amounted to a job search without broader implications for the field.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

Biochemistry lecturer seeking EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. Published material claim failed; articles lacked major media status. Original contributions not established as major significance. Failed three-criterion threshold and extraordinary ability standard. Appeal dismissed.

An aircraft pilot sought NIW for EB-2 to provide aviation services. The AAO affirmed dismissal because the specific endeavor lacked national importance despite aviation industry significance; proposing to employ seven workers in Florida with inconsistent business documentation insufficient to demonstrate broader field impact or substantial economic effects.