Published AAO appeal decisions

A petitioner sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed appeal because petitioner did not establish foreign three-year degree equivalent to U.S. baccalaureate or exceptional ability; NIW analysis not reached.

A business manager seeking EB-2 exceptional ability classification and NIW claimed three exceptional ability criteria but established only two. The AAO dismissed the appeal, finding the petitioner failed to meet the minimum three-criterion threshold for exceptional ability and therefore reserved the Dhanasar analysis.

Correctional officer and former Brazilian Army member sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner failed to meet three of six regulatory evidentiary criteria for exceptional ability, including membership in professional associations, and therefore ineligible for underlying EB-2 classification.

Marketing director sought EB-2 NIW to provide media monitoring and consulting services to small enterprises. AAO held proposed endeavor lacks national importance, having only local client impact without broader field implications. Appeal dismissed.

Certified nursing assistant with advanced degree seeks EB-2 NIW to operate online nursing consulting and medical training business. AAO held petitioner not qualified as advanced degree professional and failed substantial merit and national importance prongs due to vague goals, incomplete business plan, and weak evidence of market demand or funding.

Soccer match official seeking EB-2 national interest waiver to provide soccer promotion and academy services. AAO dismissed appeal, finding proposed endeavor lacks national importance; services would benefit only his athletes and entities, with no documented broader impact on industry or U.S. economy.

Architect sought NIW under EB-2 for sustainable architectural design and project management work. Petitioner claimed focus on sustainability, construction quality, and furniture design would demonstrate national importance. AAO held the proposed endeavor lacks national importance; general descriptions and assertions insufficient; no specific evidence of broader prospective impact on sustainable development field.

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

Nurse sought EB-2 NIW as advanced degree professional and nursing educator. AAO affirmed director's finding of advanced degree qualification but found proposed endeavor insufficiently specific and lacked demonstrated national importance. Appeal dismissed.

Occupational therapist entrepreneur seeking EB-2 NIW for women's wellness and massage clinic claimed national importance based on small business, preventive healthcare, and job creation. AAO held specific endeavor lacks national importance because it would serve regional clientele only without broader field implications, and projected revenues and employment figures insufficient to demonstrate substantial economic effects.

A logistician seeking EB-2 NIW classification claimed a transportation services startup would improve supply chain operations and create jobs. The AAO dismissed the appeal, finding the specific endeavor lacked national importance despite the importance of the supply chain industry; unspecified economic benefits and job creation insufficient.

A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

A nurse with advanced degree sought EB-2 classification and NIW. AAO affirmed denial, finding the proposed nursing work lacks national importance and does not impact the field broadly. Substantial merit was found but national importance was not established.

A pastry chef self-petitioner sought EB-1A classification based on extraordinary ability. The petitioner claimed four criteria on appeal. The AAO found the petitioner failed to meet three criteria initially required and did not reach additional claimed criteria. No evidence demonstrated sustained national or international acclaim or top-of-field status.

Mining technician seeking NIW for advanced-degree EB-2. AAO found petitioner failed to establish EB-2 underlying qualification and, separately, failed to demonstrate national importance of specific mining engineering services endeavor despite industry-wide significance. Appeal dismissed on both independent bases.

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by Dhanasar.

Self-petitioner entrepreneur in physical education sought NIW for establishing a basketball academy in New York. AAO found the endeavor has substantial merit but lacks national importance. The proposed basketball academy and coaching would benefit only its own students without broader impact on the field, failing the first prong of Dhanasar.

An entrepreneur and electrician sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he satisfied only two of six required evidentiary criteria and therefore could not proceed to final merits or Dhanasar analysis.

Self-petitioner customer service provider and manager seeking NIW as EB-2. Claimed unique background and field importance establish national significance. AAO held the occupation's importance is immaterial; the specific endeavor lacks documentation of prospective impact beyond immediate employer or industry-wide influence.

Self-petitioner entrepreneur in finance seeking NIW as EB-2. Claimed endeavor of financial advisory and training has substantial merit and national importance. AAO held the endeavor lacks demonstrated national importance because evidence does not show broader impact on the finance industry or economy beyond the business itself.

An entrepreneur with advanced degree in finance seeks an NIW for EB-2 to establish a trucking and logistics business with a mobile application for cargo handling. The AAO dismissed because the proposed endeavor lacks national importance; initial description was vague and business plan claims were unsubstantiated without specific product or credible financial projections.

A researcher in molecular biology claimed extraordinary ability. AAO affirmed that petitioner met judging and scholarly articles criteria but failed original contributions. With only two of three required criteria met, the petition was dismissed. Petitioner did not demonstrate sustained national or international acclaim or placement at very top of field.

An attorney seeking registration as registered foreign legal consultant in California requested EB-2 national interest waiver. The AAO found no well-detailed proposed endeavor description, no demonstration that cross-border legal advice would have significant broader implications, and noted post-filing evidence of French legal authorization was untimely. Appeal dismissed.

An actuary from Brazil sought EB-2 advanced degree classification and NIW for proposed insurance consulting business. AAO found substantial merit but dismissed appeal because proposed endeavor lacks national importance; no prospective impact beyond own business and clients.