Published AAO appeal decisions

Business and financial consultant with advanced degree sought NIW to provide consulting and trade partnership services in South Florida. AAO held petitioner failed to establish national importance because his specific endeavor lacks broader implications and revenue projections do not demonstrate substantial positive economic effects.

Lawyer-entrepreneur sought EB-2 with national interest waiver. AAO found substantial merit in proposed legal services business but dismissed appeal because national importance not demonstrated. Revenue and job projections lacked credible support and regional impact insufficient for national significance.

Pharmacist seeks EB-2 NIW to work in clinics treating elderly patients with comorbidities. AAO held endeavor lacks national importance; treating specific populations in particular settings does not constitute national-level impact regardless of occupational shortage or industry importance.

Machine learning software executive seeks EB-1A extraordinary ability classification. AAO upheld denial because petitioner failed to establish three initial evidentiary criteria. Evidence of awards, original contributions, and scholarly impact insufficient due to lack of documentation and independent recognition.

Nurse seeking EB-2 with NIW claimed her elderly care work would benefit the United States. AAO affirmed denial, finding her proposed endeavor lacked national importance under Dhanasar; specific work in one healthcare setting did not demonstrate field-wide impact.

Information technology consultant with advanced degree sought NIW for software development and tracking technologies consulting company. AAO held petitioner failed to establish national importance because his proposed endeavor lacks broader implications for the field or substantial positive economic effects beyond client services.

Business administrator sought EB-2 advanced degree professional classification with NIW. AAO dismissed appeal, affirming the Director's finding that the petitioner lacked five years of progressive post-baccalaureate experience. Articles of Incorporation and client letters failed to document specific duties performed or progressive experience. NIW analysis not reached.

Administrative services and facilities manager with bachelor's degree sought EB-2 advanced degree professional classification and NIW. AAO dismissed appeal, affirming director's finding that petitioner did not establish eligibility as advanced degree professional because she failed to demonstrate five years of related progressive experience.

Financial manager and entrepreneur seeking EB-2 with NIW to establish financial management consulting business. Claimed endeavor has national importance through economic benefits. AAO affirmed denial: endeavor lacks national importance despite substantial merit; no corroborating evidence of broader impact required by Dhanasar framework.

Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

A manager and lawyer sought national interest waiver for immigration consulting business. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it, lacking immigration law credentials and prior business ownership experience.

Entrepreneur in physical education sought NIW for martial arts academy serving athletes with special needs. AAO dismissed because petitioner did not qualify for underlying EB-2 (insufficient post-baccalaureate experience) and proposed endeavor lacked demonstrated national importance despite substantial merit.

Change management specialist in human resources seeking EB-2 with NIW to establish consultancy serving small and medium businesses on diversity and inclusion. Demonstrated strong professional record. AAO affirmed denial: lone consultancy business lacks national importance; individual accomplishments relate to personal qualifications, not endeavor impact required by Dhanasar.

Physical therapist with advanced degree sought national interest waiver for EB-2. AAO found the proposed endeavor lacks demonstrated national importance and applicant failed to show she is well-positioned to advance it. Appeal dismissed.

A general manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The Director found she did not establish exceptional ability eligibility. The petitioner did not contest this determination on appeal and did not address the waiver framework, so the appeal was dismissed based on waived underlying eligibility issues.

Automotive bodywork technician sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed dismissal, finding petitioner did not establish exceptional ability despite meeting three of six criteria. Final merits determination required showing expertise significantly above ordinary level.

Church and homeschool teacher sought EB-2 with NIW. AAO dismissed appeal, finding petitioner qualified as advanced degree holder but failed to establish national importance of teaching endeavor, which only benefits individual students, not broader education system.

Self-petitioner film director and producer sought EB-1A extraordinary ability classification. AAO found only one of six required criteria met. Evidence of awards, original contributions, exhibitions, and critical roles was insufficient or unsupported. Record lacks evidence of sustained national or international acclaim required for the classification.

Human resources specialist seeking EB-2 NIW classification claimed exceptional ability and national interest waiver. AAO found petitioner met only two of six exceptional ability criteria: insufficient full-time experience documentation as HR specialist and inadequate evidence of achievement. Because three criteria are required, NIW Dhanasar framework analysis not reached.

Financial analyst sought EB-2 with national interest waiver. AAO affirmed denial, finding the proposed endeavor lacked national importance despite meeting some regulatory criteria. Work benefited only individual employers, not the field broadly or the nation.

Operational risk manager and consultant seeking NIW for EB-2 advanced degree classification. Claimed national importance through preventing financial losses and white-collar crime prevention. AAO held proposed endeavor lacks national importance or broader implications beyond client work; insufficient evidence of field-wide impact.

Physical therapist sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner materially changed her endeavor between initial filing and RFE response, and field shortage does not establish national importance under Dhanasar framework.

Physical therapist sought NIW for EB-2 classification to operate her own clinic. AAO affirmed denial, finding her specific endeavor lacked national importance under Dhanasar's first prong because benefits would extend only to her individual patients, not the field or nation broadly, and thus did not warrant labor certification waiver.

An artist sought EB-1A extraordinary ability classification. She claimed four criteria and the Director found two met. On appeal, the AAO determined that even the two met criteria were insufficient and that the remaining claimed criteria were not established. The petitioner failed to demonstrate sustained national or international acclaim required for extraordinary ability.