Published AAO appeal decisions

An accountant with a Brazilian accounting degree sought EB-2 national interest waiver. The AAO found he did not hold a U.S.-equivalent advanced degree and his proposed accounting endeavor lacked national importance, affecting only individual employers without field-wide impact.

A dental assistant sought EB-2 NIW to establish a cooperative offering training programs and employment placement for dental assistants. The AAO affirmed dismissal because the proposed endeavor lacked national importance: the training was readily available in the U.S. with no broader industry implications, and projected economic impact was client-specific only.

A civil engineer in sustainable development consulting seeks an EB-2 national interest waiver. The AAO affirmed the service center's denial because the petitioner did not demonstrate the proposed endeavor has national importance: the business plan showed limited job creation and insufficient economic impact to rise to national significance.

Real estate entrepreneur sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner failed to demonstrate five years progressive post-baccalaureate experience in specialty; employment letters lacked required employer details and did not show progressive experience.

A nutritional supplement entrepreneur sought EB-2 with NIW. The AAO found he lacked five years of progressive post-degree experience required for advanced degree equivalency. On NIW merits, his proposed business showed substantial merit but not national importance; job creation of seven positions lacked adequate explanation of substantial positive economic effects.

A nutritionist with advanced degree sought NIW for self-employment in school cafeteria consulting and nutritional training. AAO dismissed because the proposed endeavor lacked demonstrated national importance; general industry importance and educational benefits insufficient under Dhanasar.

Legal consultant sought EB-2 classification with NIW for legal consulting work. AAO affirmed Director's finding that while the endeavor has substantial merit, it lacks national importance because record showed no projected economic impact or job creation sufficient to demonstrate substantial effects benefiting U.S. economy.

A project manager sought EB-2 NIW to start a management consulting company. Although meeting underlying EB-2 eligibility, the AAO dismissed the appeal because the petitioner failed the first Dhanasar prong: consulting services to individual clients lacked evidence of broader industry impact or national importance.

Materials engineer sought NIW for fuel cell research work. AAO affirmed denial, finding the proposed laboratory activities lacked national importance despite work in a critical STEM field. Specific endeavor did not demonstrate broader implications or potential for significant employment or economic effects beyond employer.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.

A nurse sought EB-2 classification and a national interest waiver as a nurse educator and researcher. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance; field shortages and general assertions insufficient without specific impact evidence.

A jiu-jitsu athlete self-petitioned for EB-1A extraordinary ability status, claiming five evidentiary criteria. The AAO found awards established one criterion but rejected membership and judging as not meeting regulatory requirements. The decision concluded the petitioner lacked the sustained acclaim and top-tier recognition required for the classification.

A business consultant seeking EB-2 with NIW, proposing to open a consulting company assisting Latin American women entrepreneurs with sustainable businesses. The AAO affirmed denial, finding the proposed endeavor showed substantial merit but lacked national importance; serving individual clients insufficient for broader field impact.

A strategic business consultant self-petitioned for EB-2 NIW, claiming his consulting services to SMEs would boost market valuation and revenues. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: he provided no concrete plan, economic projections, or evidence of prospective broad impact beyond serving individual clients.

Advanced degree professional in asset integrity and maintenance engineering proposed endeavor advancing energy, environmental, and disease prevention sectors. AAO dismissed appeal for failure to establish national importance and also found willful misrepresentation through fabricated emails in prior petitions.

Historian with advanced degree sought EB-2 national interest waiver for expert witness services and market analysis. AAO affirmed denial, finding proposed endeavor lacks demonstrated national importance: no evidence of broader impact, economic effects, or industry innovations required by Dhanasar first prong.

Brazilian jiu-jitsu athlete and coach seeks extraordinary ability classification. Petitioner established two of ten criteria but failed to meet three-criterion threshold. Original contributions and leading critical role claims rejected as unsupported by evidence of significant field impact. AAO found petitioner lacked sustained acclaim required for top-tier status.

A petitioner sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO dismissed the appeal because no employment letters showing five years of progressive post-baccalaureate experience were submitted, so underlying eligibility failed and the Dhanasar analysis was reserved.

A project manager seeking self-petitioned EB-2 NIW to operate his own rail maintenance procurement business claimed national importance. The AAO dismissed the appeal because the petitioner failed to identify a specific proposed endeavor with sufficient detail regarding contracts, future plans, or business model to establish national importance.

A business manager and consultant with an advanced degree sought EB-2 NIW to establish a consulting company in financial education and business administration. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance, lacking evidence that the proposed endeavor would impact the fields more broadly beyond serving individual clients.

Model sought EB-1A extraordinary ability classification. AAO found petitioner met display and judging criteria but failed to satisfy published material and high salary criteria. Record lacked evidence of sustained national or international acclaim required for classification among small percentage at top of field.

An operations manager at an e-commerce company claimed seven extraordinary ability criteria. The service center accepted judging and leading role. The AAO dismissed the appeal, finding the award not shown to be nationally recognized, membership abandoned, and the articles not in major media, leaving only two criteria and no final merits review.

Individual with advanced degree sought NIW to advance international development work focused on Honduras-U.S. immigration nexus. AAO dismissed because proposed endeavor lacked demonstrated national importance; creating 16 U.S. positions and stated impact on immigration system insufficient to meet Dhanasar first prong.

Food engineer with advanced degree seeking national interest waiver for EB-2 classification. Director approved underlying EB-2 but denied NIW, finding no national importance to proposed endeavor. AAO affirmed that petitioner's work advising individual food manufacturers lacks sufficient prospective impact on meat processing industry to meet Dhanasar's first prong.