Published AAO appeal decisions

Marketing professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal finding petitioner's proposed endeavor of providing marketing advice to U.S. companies lacked national importance, as it demonstrated only localized impact without broader industry or economic implications required under Dhanasar.

Environmental sustainability consultant seeking EB-2 with NIW to operate sustainable furniture consulting company. AAO held petitioner failed to establish five years progressive experience in specialty and lacks exceptional ability; national importance of endeavor not demonstrated; appeal dismissed.

Computer software engineer seeking NIW for EB-2 advanced degree classification. Claimed endeavor has substantial merit and national importance through QA testing and instructor roles. AAO dismissed appeal, finding the proposed endeavor lacks nationally significant impact and petitioner failed to establish first Dhanasar prong.

A financial manager self-petitioning for NIW sought waiver of job offer for EB-2 classification. He claimed his financial management work has national implications for economic growth. AAO dismissed the appeal, finding insufficient evidence that his specific proposed endeavor has national importance, broader implications in his field, significant employment potential, or substantial economic effects for the nation.

Self-petitioner entrepreneur in wellness industry sought EB-2 NIW. Advanced degree requirement met. AAO dismissed appeal, finding proposed sports nutrition business expansion lacked substantial national importance; endeavor too narrow, without demonstrated impact on field broadly or economically depressed areas.

Language specialist sought NIW for EB-2 classification. AAO dismissed because petitioner did not qualify for underlying EB-2 (foreign degree not equivalent to bachelor's and lacked five years post-degree experience) and teaching endeavor lacked national importance despite occurring in important field.

An IT project manager sought NIW EB-2 classification proposing entrepreneurial endeavors and project management services. The AAO found the field important but the specific endeavor lacks national importance; petitioner failed to corroborate growth projections or establish impact beyond clients or employer.

A system engineer self-petitioning for NIW sought waiver of job offer for EB-2 classification. She proposed owning and operating a technology education company. AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance because the business plan contained only vague assertions without evidence of prospective impact beyond prospective students, significant employment potential, or substantial economic effects.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.

A dentist sought EB-2 NIW classification. The AAO found the proposed dental clinic has substantial merit but lacks national importance because the work's impact would be limited to specific clinics and patients without advancing the dental field or creating significant economic benefits. Appeal dismissed.

Entrepreneur with advanced degree seeking NIW for EB-2 classification for supermarket and auto sales business. AAO dismissed appeal because petitioner failed to establish that specific proposed endeavor has national importance; unsupported assertions about job creation and innovation do not meet burden of proof.

Construction entrepreneur sought EB-2 exceptional ability with NIW. Claimed five criteria; Director found only membership met, requiring three minimum. AAO affirmed membership finding but agreed other four criteria unmet. Since petitioner failed underlying EB-2 eligibility, NIW analysis reserved as moot.

Entrepreneur sought NIW for medical device sales and distribution company. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it showed only local/client-specific benefits, insufficient job creation, and no industry-wide implications needed to meet Dhanasar first prong.

Athletic coach seeking advanced degree EB-2 NIW classification claims business plan for coaching acrobatics and circus performance for children with disabilities serves national interest. AAO found the business plan lacked sufficient specificity regarding location and scope, teaching activities do not impact the field broadly, and no material evidence supports claimed positive economic effects reaching national importance.

Entrepreneur seeking EB-2 with NIW for consulting services. AAO held petitioner lacks both advanced degree equivalency and substantive national importance for proposed endeavor; consulting services limited to small clientele without broader economic impact. Appeal dismissed.

Financial analyst and manager seeking EB-2 NIW to operate independent consulting company. Petitioner claimed endeavor would have national importance through job creation and improving financial reporting methodologies. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor; new material facts presented in response to RFE cannot establish eligibility.

Self-petitioner, production engineer in oil and gas industry, sought EB-2 advanced degree classification and national interest waiver for continuing role in industry. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of specific proposed endeavor. Appeal dismissed.

Chef beneficiary seeking O-1A nonimmigrant classification for extraordinary ability. Did not receive significant awards, did not demonstrate lead or starring role in distinguished productions, lacked published recognition, and did not show high salary relative to field. Appeal dismissed.

Quantitative analytics researcher with Ph.D. in economics sought EB-2 national interest waiver to develop novel mathematical models for economic forecasting. AAO found substantial merit and national importance but concluded she lacked sufficient record of success and demonstrated positioning to advance the endeavor, failing the second Dhanasar prong.

A private security specialist sought EB-2 exceptional ability and NIW. The AAO found the petitioner met only one of six exceptional ability criteria, failing the threshold. Although analyzing Dhanasar as alternative, the AAO concluded the specific proposed endeavor in school emergency preparedness lacked national importance.

An eyeglass manufacturer petitioned for a quality control inspector, seeking EB-2 classification as an advanced degree professional or person of exceptional ability, plus a national interest waiver. The appeal was dismissed because none of the exceptional ability criteria or the advanced degree requirement was shown, so the waiver analysis was not reached.

A commercial pilot sought EB-2 exceptional ability classification with a national interest waiver. The AAO found he met fewer than three exceptional ability criteria, since a pilot association membership was not shown to be a professional association. It reserved the waiver question, so this is not a Dhanasar merits decision.

Entrepreneur seeking EB-2 NIW for e-commerce accessory and clothing business claimed endeavor had national importance through job creation and sustainable practices. AAO held proposed endeavor lacks national importance because it would impact only company employees and specific customers, not the industry broadly, and applicant failed to demonstrate substantial positive economic effects at national level.

An economics professor sought national interest waiver to provide consulting to Latino-owned businesses. AAO dismissed because petitioner failed first Dhanasar prong: proposed endeavor lacked clarity and demonstrable national importance. Vague intentions to assist small companies at unspecified stage did not establish broad field impact or substantial economic effects.

A financial advisor seeking EB-2 with NIW to operate an investment brokerage firm. AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance as required under Dhanasar's first prong because no evidence demonstrated significant job creation, economic depression area impact, or broad prospective benefit to the United States.