Published AAO appeal decisions

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

Financial manager proposes self-funded fintech venture offering AI-driven financial guidance to economically distressed communities. Claimed national importance based on field value and target population impact. AAO affirmed denial: specific endeavor lacks demonstrated substantial economic impact, employment potential, or concrete implementation plan meeting national importance threshold.

Restaurant petitioned for O-1A classification for executive chef of extraordinary ability. AAO dismissed appeal because beneficiary failed to demonstrate nomination for significant awards or at least three of six regulatory criteria; evidence of participation in distinguished productions and published recognition was insufficient.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

An advanced-degree entrepreneur-investor seeking EB-2 NIW to establish a U.S. business claimed to create 53 jobs and generate $5.17 million in wages. The AAO dismissed the appeal, finding recommendation letters and industry articles do not establish national importance of the specific proposed endeavor; broader field importance differs from prospective impact of the petitioner's business.

A visual artist sought EB-1A extraordinary ability classification claiming six criteria. The AAO found two criteria met (published material and display of work) but this falls short of the three minimum required. The remaining claimed criteria were either rejected or abandoned, and the overall record did not demonstrate sustained national acclaim or placement among the very top of the field.

A nurse with advanced degree seeks EB-2 classification and national interest waiver to establish a home health care business. The AAO dismissed the appeal, agreeing the petitioner demonstrated substantial merit but failed to show national importance or broader field impact required under Dhanasar.

A mining technician sought NIW to work in mining consulting. AAO dismissed the appeal because the proposed endeavor did not demonstrate national importance; professional plan failed to show the work would impact the mining industry beyond direct client relationships or substantially advance the field.

A public administration expert in sports with advanced degree sought EB-2 NIW classification. Director found substantial merit but denied national importance. On appeal, petitioner submitted letters of intent and business projections forecasting 14 jobs by year five, but AAO found projections lacked significance for broader field or national economy impact.

A petitioner in business management sought EB-2 NIW classification based on an advanced degree. The AAO affirmed denial because the petitioner failed to establish five years of progressive experience in the specialty, a requirement for advanced degree equivalency. The NIW Dhanasar prongs were not addressed.

Conflict resolution consultant with advanced degrees seeks NIW for mediation services in schools. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. Evidence discussed importance of conflict resolution generally, not petitioner's particular services or their broader field impact or economic effects.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.

Nurse self-petitioner claiming national interest waiver under EB-2 exceptional ability. The AAO agreed the petitioner established substantial merit of nursing training work but dismissed, finding insufficient evidence of national importance; evidence addressed field importance generally, not the specific endeavor's broader implications.

A marketing and advertising consultant with advanced degree sought NIW for self-employment. AAO dismissed because proposed endeavor lacked national importance; petitioner did not demonstrate substantial economic effects or job creation at regional or national scale.

Goldsmith sought EB-2 as member of professions with advanced degree and national interest waiver for jewelry manufacturing business. AAO affirmed denial on two bases: petitioner failed to demonstrate occupation requires bachelor's degree, and proposed endeavor failed first Dhanasar prong for lacking demonstrated national importance.

Marketing consultant and entrepreneur seeking NIW for EB-2 classification to open Pennsylvania consulting firm. Petitioner claimed endeavor would revolutionize marketing through research and dissemination. AAO held claimed global implications and academic work insufficient; no documentation of prospective impact at national importance level.

An expert in human capital formation with a doctoral degree sought EB-2 national interest waiver to operate a nonprofit advancing STEM education and gender equity. The AAO found substantial merit but no national importance; the work was limited to one Texas community college without broader field implications.

A robotics engineer in the steel industry sought EB-2 exceptional ability and NIW classification. The AAO dismissed because the petitioner failed to meet three required exceptional ability criteria: the degree requirement (GED obtained after filing), ten years full-time experience (insufficient documentation), and salary (not comparable to robotics engineer positions). Underlying EB-2 eligibility was dispositive.

Preschool and drama teacher sought NIW claiming exceptional ability. AAO dismissed appeal, finding petitioner failed to establish either advanced degree or exceptional ability. With only four years teaching experience and no extraordinary expertise, petitioner did not qualify for underlying EB-2 classification.

Self-petitioner entrepreneur in tax, accounting, and financial services consulting sought EB-2 NIW. AAO held proposed endeavor lacked national importance under Dhanasar first prong, as business would impact only his clientele without broader field or economic effects.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

CEO of beverage company manufacturing energy drinks claimed extraordinary ability status. AAO held petitioner satisfied only one of ten required evidentiary criteria (published materials) but failed to establish three minimum; insufficient evidence of national or international acclaim or recognition in field.

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

A nutritionist sought NIW to work in hospital nutrition services. AAO affirmed dismissal because the proposed endeavor lacked national importance; generalized job creation projections and evidence focused on nutrition field importance rather than the specific endeavor's prospective impact.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.