Published AAO appeal decisions

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Public health specialist seeks NIW for work in immunization, disease prevention, and maternal health. AAO held while public health field has merit, petitioner failed to identify specific projects or demonstrate prospective work extends beyond employers to impact public health field broadly at national level.

An athlete competing since 2003 in national and international events including world championships sought EB-1A classification. The AAO dismissed the appeal, finding a single 2006 national championship title and participation in world championships did not demonstrate the sustained acclaim and top-tier field status required for extraordinary ability.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.

A micropigmentation professional sought EB-2 classification as individual of exceptional ability and NIW. The AAO dismissed, finding she met only one of three required criteria for exceptional ability: a license to practice. Training certificates did not qualify as official academic records; membership claim was not properly substantiated.

An accountant with advanced degree sought national interest waiver for EB-2 classification. The petitioner claimed his tax planning and accounting work would have national importance. The AAO found the proposed endeavor had substantial merit but lacked national importance because benefits would not extend beyond his employer and clients or impact the accounting industry broadly.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

A legal consultant self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, agreeing the proposed endeavor lacks national importance under Dhanasar's first prong. Cross-border business consulting for a specific firm and its clients did not demonstrate broader implications for the field or substantial positive economic effects.

A tennis academy petitioned for O-1A classification for a tennis coach. The coach competed in junior and men's circuits and taught tennis. AAO affirmed denial, finding the beneficiary met only two of eight criteria (employment in critical capacity and one other), failing to meet the required three. Membership, published materials, and original contributions were not sufficiently documented.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Pharmaceutical scientist seeks national interest waiver of job offer requirement under EB-2. Met first prong showing substantial merit and national importance of proposed drug formulation research, but failed second prong lacking sufficient evidence of positioning to advance the work.

Computer science graduate seeking EB-2 national interest waiver claimed intent to teach business courses or work as financial analyst to combat cyberattacks. AAO dismissed appeal because petitioner failed to clearly identify a specific proposed endeavor and any such endeavor lacked national importance or prospective economic impact.

General operations manager sought national interest waiver for EB-2 advanced degree classification. AAO dismissed appeal because petitioner's proposed consulting company endeavor lacked national importance under Dhanasar; business served only direct employer and clients, not broader U.S. economic effects or job creation.

A public relations specialist sought NIW classification for an endeavor involving corporate communications consulting and university teaching in strategic communications. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong despite possessing substantial merit.

A materials scientist working for a manufacturer sought an EB-2 classification with a national interest waiver. The director had denied on the third prong. The AAO dismissed the appeal, finding the first Dhanasar prong unmet because the proposed endeavor's national importance and job creation were not shown, and reserved the remaining prongs.

Dentist sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding dental practice activities benefit only immediate patients and employer, lacking broader field implications.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

Regional sales manager seeks NIW for continued sales management work improving team performance and cross-border transactions. AAO dismissed appeal, finding endeavor lacks national importance; proposed work shows no particular process improvement, and benefits would be limited to employer and clients.

Aircraft marketing company sponsoring aircraft design engineer for EB-2 national interest waiver. Beneficiary would perform engineering on passenger-to-ambulance and passenger-to-freight aircraft conversions. AAO affirmed denial, finding endeavor has substantial merit but lacks national importance because record does not show broader industry implications, specific employment details, or sufficient positive economic effects beyond company operations.

A chemical engineer sought an NIW under EB-2. The AAO dismissed the appeal because she failed to establish national importance under Dhanasar's first prong. Her proposed endeavor—providing chemical engineering services across multiple industries—lacked specificity and demonstrated no substantial positive economic effects or potential to employ U.S. workers beyond individual employers.

Healthcare professional with advanced degree sought NIW for dental, nutrition, and home healthcare services. AAO dismissed appeal, finding no sufficient evidence that proposed endeavor has national importance, substantial positive economic effects, or significant job creation potential.

Chief financial officer sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed general CFO work to improve company financial health but did not specify employer or demonstrate how work would impact US financial sector broadly. AAO affirmed denial, finding no established national importance of the specific endeavor.