Published AAO appeal decisions

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

Security consulting entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed HUBZone consulting business; vague endeavor description, absence of evidence on projected staffing, job creation, and substantial economic benefits prevent satisfaction of Dhanasar prong one.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Flight trainer sought EB-2 exceptional ability and NIW. Director found petitioner qualified as individual of exceptional ability. AAO found proposed endeavor has substantial merit but lacks national importance; impact does not extend beyond individual trainees and employers to national scale.

An educational specialist and consultant sought EB-2 classification with national interest waiver to establish a consultancy business. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite the petitioner's emphasis on education field importance and teacher shortages.

A security management specialist seeks EB-2 exceptional ability classification and national interest waiver for a security services company addressing drug trafficking. The AAO dismissed, finding substantial merit but no national importance; the endeavor lacks broader industry impact and insufficient economic benefits.

Petitioner pivoted from craftsmanship to propose freight transportation business following COVID-19 pandemic supply chain disruptions. AAO affirmed denial, finding industry importance insufficient and proposed business's specific endeavor lacked national importance; employment and revenue projections too speculative.

A retired professional soccer player seeks EB-1A classification. He satisfied four initial evidentiary criteria. However, the AAO affirmed the director's final merits finding that his career lacked sustained national or international acclaim, with media coverage concentrated in 2011-2015 rather than throughout his career.

A business administrator sought EB-2 with national interest waiver for business consulting services. While the AAO found substantial merit, it dismissed because the proposed work lacked national importance (limited to his own clients, no broader field or economic impact) and he was not shown to be well-positioned to advance the endeavor.

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.

A lawyer with international trade expertise claimed extraordinary ability as a postsecondary teacher but provided no teaching experience or evidence of intent to teach in U.S. institutions. The AAO dismissed the appeal, holding that the petitioner failed to show by clear evidence an intent to continue work in the claimed area of expertise, making further analysis unnecessary.

A civil engineer in water and sewer infrastructure sought an EB-2 national interest waiver to consult on green practices for private and public entities. The AAO dismissed the appeal, finding the proposed consultancy work, while meritorious in the field, lacks national importance because it would impact only specific clients rather than advancing the field broadly.

A facility manager sought EB-2 national interest waiver for proposed facility management and sustainability projects. While establishing substantial merit, he failed to demonstrate national importance under Dhanasar because the record lacked evidence of broader field implications, significant U.S. worker employment potential, or substantial positive economic effects beyond individual customer benefits.

IT accountant seeks EB-2 with NIW for work in tax automation and cloud computing. AAO held that while the field is important, his specific proposed endeavor lacks national importance because it affects only his employers and does not benefit the field broadly.

Software developer engineer in test seeks EB-2 with NIW. AAO held the endeavor has substantial merit but lacks national importance because it benefits only the employer and does not ameliorate software engineer shortage broadly.

A business manager sought NIW based on EB-2 exceptional ability or advanced degree. The appeal was dismissed as moot following a motion to reconsider. On merits, the petitioner failed to establish national importance; the vacation rental business endeavor would serve an existing tourism industry locally but lacked broader implications or substantial economic effects commensurate with national importance.

A financial services entrepreneur with an advanced degree sought EB-2 NIW to operate a transportation enterprise in Florida. The AAO affirmed dismissal because the proposed endeavor did not demonstrate national importance: it lacked evidence of broader field impact or substantial economic benefits beyond the regional market.

Orthodontist proposed opening a dental clinic emphasizing prosthodontics for underserved U.S. communities. AAO dismissed appeal because petitioner failed to establish national importance: proposed endeavor lacked regional or national impact and broader field implications despite serving healthcare-shortage areas.

A legal consultant sought EB-2 NIW classification with advanced degree. The AAO found she failed to establish five years progressive experience required for advanced degree professional status, thus ineligible for underlying EB-2 classification. Even considering Dhanasar merits, the proposed endeavor lacked demonstrated national importance.

A commercial pilot with over seven years' aviation experience sought EB-2 with NIW for a proposed business venture. The AAO dismissed because the petitioner failed to demonstrate national importance; general industry data did not establish broader implications of his specific endeavor.

A home beauty services business owner self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding although the endeavor had substantial merit, it lacked national importance because the proposed app-based business would not impact the beauty services industry broadly or generate substantial economic benefits beyond her immediate clientele.

Real estate entrepreneur with advanced degree sought EB-2 national interest waiver for foreign investment consultancy. AAO affirmed denial, finding business plan fails to demonstrate national importance: lacks evidence of specific impact on industry, substantial job creation, economic benefits to region, or broader implications required.

A dance instructor seeking EB-1A extraordinary ability classification claimed four criteria. The Director found only judging satisfied. On appeal, the petitioner could not establish three of ten required criteria. The AAO dismissed, holding that the record lacks evidence of sustained national or international acclaim and does not demonstrate membership in the top small percentage of the field.

Dentist specializing in endodontics sought EB-2 with national interest waiver to practice in New Jersey. AAO dismissed appeal, finding proposed dental services lacked national importance; evidence covered general industry topics rather than demonstrating specific endeavor's broader impact or substantial economic effects.

Bioinformatics researcher with physics PhD and postdoctoral experience seeks EB-1A extraordinary ability. AAO held petitioner met only one of three required criteria (scholarly articles) and failed to establish major award, so extraordinary ability not demonstrated.