Published AAO appeal decisions

An educator seeking EB-2 NIW to provide educational consulting on learning modalities and AI in neuroeducation. AAO held proposed endeavor lacks national importance because consulting services to specific clients lack broader field-level implications required by Dhanasar framework.

An entrepreneur with an advanced degree seeking EB-2 NIW classification proposed a mental health services company offering online consultations and coaching. The AAO dismissed the appeal, finding substantial merit but no national importance; the business would benefit its own clients rather than impact the broader mental health field.

A financial manager sought EB-2 NIW. Director did not analyze underlying EB-2 eligibility. Proposed endeavor providing financial management services has substantial merit but lacks national importance; no evidence of broader field impact beyond serving employer or clients.

An actor seeking EB-1A extraordinary ability classification claimed awards, published material, judging, original contributions, exhibitions, leading roles, high salary, and commercial success. The AAO found three criteria satisfied but concluded the totality of evidence did not demonstrate sustained acclaim or placement among the very top of the field.

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

Surgeon with Brazilian medical license seeks NIW for EB-2 to work at U.S. clinical foundation. AAO affirmed denial because proposed clinical role lacked national importance. Work described typical surgeon duties without demonstrating broader medical field impact.

Elementary school teacher sought EB-2 advanced degree classification with NIW. AAO withdrew Director's EB-2 eligibility finding due to insufficient evidence of five years progressive experience; conflicting employment letters had minimal probative value. First Dhanasar prong failed: teaching third grade lacks national importance despite merit.

A taekwondo instructor sought EB-2 classification with national interest waiver. Although the director found her eligible as member of professions with advanced degree, the AAO reversed, finding her degree in law does not relate to taekwondo instruction and she lacked five years post-baccalaureate specialty experience. Appeal dismissed; NIW not reached.

An accounting consultant claims NIW for EB-2 exceptional ability classification. The AAO found she failed to meet the advanced degree requirement and did not establish at least three evidentiary criteria for exceptional ability. Since she lacked EB-2 eligibility, the court did not address the NIW national importance prongs.

General and operations manager seeking NIW for healthy fast-food restaurant business. Established EB-2 eligibility but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader implications or substantial economic effects needed for national interest.

Human resources specialist seeking NIW as EB-2 exceptional ability applicant. Failed to establish underlying EB-2 eligibility under regulatory criteria. AAO dismissed without reaching Dhanasar prongs, finding ineligibility for EB-2 classification dispositive of NIW request.

A manager in computerized metal cutting and fabrication sought EB-2 exceptional ability classification with NIW. The AAO held the petitioner failed to meet three of six evidentiary criteria for exceptional ability, and thus ineligible for underlying EB-2 classification, making Dhanasar prongs unreachable.

Civil engineer with twenty years experience in Pakistan and United Arab Emirates sought EB-1A extraordinary ability classification. AAO dismissed appeal finding petitioner satisfied only one of ten evidentiary criteria and failed to demonstrate sustained national or international acclaim required for EB-1A.

A professional holding an advanced degree sought a national interest waiver of the job offer requirement. The director found the advanced degree qualification met but denied the waiver. The AAO dismissed the appeal because the proposed endeavor was not shown to have national importance, and it reserved the remaining prongs.

Agricultural finance consultant sought EB-2 with NIW for consulting startup. AAO dismissed appeal, finding substantial merit but no national importance; business plan lacked specificity on services and demand; regional impact and industry importance insufficient without broad endeavor impact.

Tax attorney sought EB-2 with national interest waiver. AAO withdrew director's unsupported denial of advanced degree qualification but affirmed NIW denial. Proposed endeavor, though meritorious, lacked broader field impact or prospective implications beyond individual clients.

Entrepreneur sought EB-2 NIW for entrepreneurial and consulting services, including online application. Claimed substantial merit and national importance. AAO agreed on substantial merit but found no national importance: proposed work lacks broad field impact; projections of three to five jobs and revenue insufficient for national economic significance.

An applicant in exceptional ability sought EB-2 and NIW. The Director found three criteria met, but the AAO withdrew one finding on academic credentials, reducing the count to two. The appeal was dismissed for failing to meet the three-criterion threshold; Dhanasar analysis was reserved.

Industrial engineer with advanced degree seeking EB-2 with national interest waiver to establish engineering consulting business. AAO dismissed because proposed endeavor has substantial merit but lacks national importance—work benefits specific clients and supply chain but lacks broader industry impact required by Dhanasar.

A nurse proposing to own an assisted living facility sought EB-2 national interest waiver. The AAO dismissed her appeal because her specific endeavor lacked national importance: the facility would employ few workers and provide only localized benefits insufficient to demonstrate impact on healthcare industry broadly or substantial economic effects.

Accountant and finance professional with advanced degree sought NIW for independent financial consulting and advisory firm. AAO held petitioner established substantial merit but failed to demonstrate national importance because his endeavor lacks evidence of significant U.S. job creation or substantial economic effects.

An entrepreneur seeking EB-2 national interest waiver to manage a water purification company. AAO held the proposed endeavor lacks national importance because evidence addressed the importance of the water treatment industry generally, not the specific business venture proposed.

A trucking entrepreneur sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit in the proposed business but no national importance. The applicant failed to document financing capability, realistic employment potential, or broader field implications.

Personal trainer sought NIW for EB-2 classification as advanced degree professional or exceptional ability. AAO dismissed appeal, finding proposed master personal training services lack national importance under Dhanasar because benefits would be limited to her clients at one studio without broader industry or economic impact.

An operations manager with foreign bachelor's degree sought EB-2 national interest waiver. The AAO dismissed because she lacked required advanced degree and her proposed endeavor—improving financial practices at one employer—lacked national importance absent evidence of broader industry or economic impact.