Published AAO appeal decisions

Researcher with advanced degree seeking national interest waiver to develop biomedical instruments and enhance ECMO technology. Director and AAO found petitioner failed to establish that specific proposed endeavor has national importance, focusing on industry importance rather than endeavor-specific prospective impact.

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

Business consulting entrepreneur seeking EB-2 NIW to open management consulting office in Florida. Claimed job creation and economic benefit to underserved community with national importance. AAO held endeavor lacks sufficient prospective impact on field and economy to establish national importance despite local economic intent.

An accountant claimed EB-2 classification as advanced degree professional and sought NIW for a consultancy initiative. The AAO dismissed because the petitioner lacked qualifying advanced degree documentation and failed to establish national importance of the proposed endeavor.

An airline pilot and CEO founded a pilot training company in Slovakia and sought NIW as EB-2 to open a U.S. branch. The service center found insufficient evidence of national importance and denied both EB-2 eligibility and waiver. The AAO affirmed on the national importance ground, finding local economic benefit insufficient.

Occupational health and safety specialist seeking EB-2 exceptional ability and NIW for Massachusetts consultancy firm. Director found substantial merit but not national importance. AAO affirmed that business projections and letters of intent did not demonstrate how the firm would broadly impact the field or economy beyond specific clients.

A general and operations manager seeking EB-2 with NIW to advance STEM technology projects. Claimed her endeavor aligned with Biden Administration priorities and involved important fields. AAO dismissed, finding insufficient evidence of the specific endeavor's national importance despite its work in important fields.

Dentist/orthodontist seeks EB-1A extraordinary ability classification. Submitted evidence of awards, memberships, published materials, and original contributions to field. AAO held petitioner met only one of ten initial criteria (published material); minimum three required. Without major award, insufficient for extraordinary ability.

Entrepreneur with power engineering and process automation expertise seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed to establish national importance of proposed endeavor. Decision held that general assertions regarding job growth and emissions reduction lack sufficient corroborating evidence.

Cybersecurity researcher seeks EB-2 NIW. Claimed field importance and connection to national cybersecurity interests establish national importance of proposed research. AAO dismissed, holding national importance requires prospective impact on field more broadly; research focused on completing doctorate lacks defined, nationally important employment endeavor.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

An aviation professional claiming exceptional ability under EB-2 failed to satisfy three of six regulatory criteria; AAO dismissed appeal and reserved NIW prongs. Petitioner did not establish sufficient recognition for achievements and contributions in aviation field.

Doctoral research scientist in chemistry sought EB-2 with national interest waiver for research in cancer treatment and heavy metal recovery. AAO dismissed because petitioner failed to delineate specific proposed future endeavor; generalized claims about contributions without detailed expert letters or government entity corroboration regarding prospective national impact were insufficient.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

Marketing specialist sought EB-2 national interest waiver classification. Petitioner had advanced degree but failed to establish proposed endeavor's substantial merit and national importance under first Dhanasar prong. AAO found personal qualifications immaterial to national importance analysis, which focuses on specific prospective endeavor, not field or profession.

A nanofluid engineer met three initial EB-1A criteria (judging, original contributions, scholarly articles) but failed final merits. The AAO found his publication record (two papers, 2,400 citations, inactive since 2010) does not establish him among the very top researchers relative to peers, and lacks sustained acclaim.

Digital marketing entrepreneur seeks EB-2 with NIW based on self-petition. Claimed proposed endeavor has national importance through expanding online marketing business and economic growth. AAO held first prong unmet: business plan lacks corroborating evidence of broader industry impact, substantial job creation, or substantial positive economic effects.

Entrepreneur seeks EB-2 with NIW for financial and pricing consulting startup. Claimed endeavor would elevate industry standards and create regional jobs. AAO held first prong unmet: generalized statements without objective evidence; business projections lack substantiation of national economic benefits or field transformation.

Legal consultant sought EB-2 with national interest waiver for legal consulting services. Advanced degree qualification accepted. AAO held proposed endeavor lacked national importance because consulting benefits were limited to prospective employers and clients without broader economic or industry impact.

IT specialist proposes establishing technical solutions consultancy for small business clients in accounting, finance, and operations. Petitioner claimed national importance through job creation and economic development. AAO held the endeavor lacks national importance because impact limited to individual clients, not industry-wide.

An entrepreneur with a physical therapy business sought EB-2 NIW claiming her online company would generate substantial economic effects and contribute to field development. The AAO dismissed, finding generalized assertions about economic growth lacked direct evidentiary connection to the specific proposed endeavor's prospective impact.

Petroleum engineer seeking NIW for self-founded oil and gas consulting company in Texas. Claimed national importance based on industry significance and business plan. AAO dismissed appeal, finding the specific proposed endeavor lacks national importance; local B2B consulting with eight employees insufficient for waiver.

Surveyor seeking NIW for surveying services consulting company. Argued endeavor addresses national surveyor shortage and supports construction industry. AAO dismissed appeal, finding proposed endeavor lacked national importance despite industry challenges; specific endeavor insufficient to establish broader implications.

A training consultant proposed operating a firm addressing IT and STEM workforce shortages through training and subcontracting services. The AAO dismissed the appeal, finding petitioner failed to establish national importance despite addressing general labor market needs, lacking evidence that one firm would impact the industry broadly or generate substantial economic benefits.