Published AAO appeal decisions

Lead data engineer: employer-sponsored EB-2 with national interest waiver claim. Petitioner asserted cloud computing and AI work had national importance. AAO held proposed endeavor lacked national or global implications and benefited only specific employer; first prong failed.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

A pharmacist and consultant sought a waiver to create a counseling platform addressing prescription medication misuse. She possessed an advanced degree qualifying for EB-2. The AAO dismissed the appeal because her proposed endeavor lacks national importance, with benefits limited to individual platform users rather than demonstrating substantial positive economic effects or industry-wide impact.

IT specialist specializing in national security sought EB-2 with national interest waiver for an endeavor to improve digital security and IT management practices across U.S. sectors. The AAO dismissed, finding the petitioner's expertise and past accomplishments do not establish the proposed endeavor's national importance; the work would not sufficiently impact the field beyond prospective customers.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

Financial analyst sought EB-2 NIW classification. AAO dismissed fourth motion to reopen and reconsider, finding petitioner failed to establish exceptional ability qualification underlying the NIW petition and did not demonstrate prior decision was legally erroneous.

Administrative services and facilities manager sought EB-1A extraordinary ability classification. AAO dismissed because petitioner failed to meet the minimum three of ten evidentiary criteria. Awards and membership criteria were not met; artistic exhibition criterion inapplicable to administrative work; record did not demonstrate sustained national or international acclaim.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

A logistician sought EB-1A classification claiming four evidentiary criteria. The AAO affirmed dismissal, finding the petitioner failed to document individual association membership and lacked evidence of judging others' work in logistics. Meeting only two of ten required criteria precluded reaching final merits analysis.

A software engineer seeks EB-2 with national interest waiver to develop a secure video conferencing platform with AI-assisted features. He claimed the endeavor would drive economic growth and innovation but provided no evidence of national importance or broader industry impact. The AAO affirmed dismissal of the appeal.

A digital marketing business consultant and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The AAO disagreed with the service center that three criteria were met, finding none of the first five satisfied, and declined to reach the sixth, the final merits, or the Dhanasar framework.

An individual seeking extraordinary ability classification had a petition denied and an earlier appeal dismissed. Combined motions to reopen and reconsider were filed after the 33-day deadline, and the delay was not shown to be reasonable and beyond the petitioner's control. The AAO dismissed both motions as untimely and for lacking new facts or legal error.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

Cybersecurity specialist seeks NIW to establish consulting company as CEO. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor, lacking evidence the company would operate at scale or have broader implications for cybersecurity industry despite cybersecurity being government priority.

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.