Published AAO appeal decisions

An IT entrepreneur sought EB-2 classification and a national interest waiver for an online learning platform business. The AAO affirmed denial because the petitioner failed to demonstrate national importance of the specific proposed endeavor under Dhanasar's first prong, despite industry relevance.

Physiotherapist seeks EB-2 NIW. AAO dismissed because petitioner failed to establish underlying EB-2 eligibility: she did not demonstrate at least three of six regulatory criteria for exceptional ability, including insufficient work experience documentation and inadequate evidence of significant achievements in her field.

A food safety consultant sought national interest waiver as advanced degree professional. The AAO agreed the food safety consulting endeavor has substantial merit but found insufficient evidence demonstrating national importance, as submitted evidence addressed the importance of the field generally rather than the petitioner's specific proposed work.

Health and safety engineer sought EB-2 with national interest waiver to develop consulting company promoting workplace and product safety. AAO affirmed denial, finding proposed endeavor failed first Dhanasar prong; petition lacked specific details about consulting activities and demonstrated only local implications without national importance.

Physiotherapist with advanced degree sought EB-2 classification and national interest waiver to establish health and wellness clinic. AAO dismissed appeal, finding petitioner eligible for underlying EB-2 but failed to establish national importance required for waiver under Dhanasar's first prong.

A psychologist sought EB-2 classification with national interest waiver for providing mental health services to athletes and researching sports concussions. The AAO dismissed, finding substantial merit but no national importance because the specific proposed endeavor lacks broader field implications or substantial economic effects.

Management consulting business owner sought NIW as EB-2. Petitioner claimed her consulting services would drive economic growth and enhance competitiveness nationally. AAO found substantial merit but rejected national importance because her specific business would not demonstrate impact on management consulting field or national economy more broadly.

Public relations specialist with advanced degree sought EB-2 with national interest waiver. AAO dismissed appeal, finding no national importance in the proposed endeavor. Services would only benefit individual clients and lack broader implications for the public relations field.

Business consultant seeking NIW for EB-2 classification. Petitioner claimed proposed business training and consulting endeavor would create jobs and contribute to economy. AAO held claimed endeavor lacks specific plan demonstrating national impact; experience and talent do not establish broad field impact at national level.

A financial analyst sought EB-2 classification as an advanced-degree professional plus a national interest waiver. The AAO found him eligible for EB-2 but determined his proposed endeavor lacked national importance; appeal dismissed without reaching waiver discretion.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

A civil engineer in construction sought EB-2 classification and a national interest waiver for a consulting company. The AAO affirmed denial because the proposed endeavor lacked national importance; work would be limited to individual clients without broader field implications.

Information systems consultant self-petitioner claiming national interest waiver for EB-2. The AAO affirmed denial, finding the petitioner failed to establish the underlying EB-2 advanced degree requirement and, on the NIW analysis, the proposed consulting work lacked sufficient specificity and demonstrated national importance.

Mechanical engineer in automotive industry seeking NIW. Claimed national importance through NAFTA requirements, wage guarantees, manufacturing innovation, and talent shortage. AAO held work lacks national importance because prospective impact limited to individual employers with no evidence extending beyond clientele to influence field or economy broadly.

Environmental and sustainability professional sought EB-2 exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to meet the threshold requirement of three of six regulatory criteria for exceptional ability, making NIW analysis unnecessary and reserved.

An entrepreneur with advanced degree seeks EB-2 NIW to establish financial consulting firm projecting 25 employees and $5.8 million revenue. AAO held the proposed endeavor lacks demonstrated national importance because job creation and revenue projections are insufficient to show substantial economic benefit, and petitioner failed to show specific endeavor impacts field broadly.

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

A pilot seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because working as a pilot, while part of an important industry, does not itself have broader field implications or prospective impact.

General and operations manager in residential construction sought EB-2 with national interest waiver. AAO agreed petitioner established advanced degree eligibility but dismissed appeal on NIW because specific endeavor lacked national importance under Dhanasar first prong.

A digital marketing specialist proposed partnering with universities to market courses via e-learning platform. The AAO found insufficient evidence that the endeavor would impact online higher education broadly or demonstrate national importance. Appeal dismissed under first prong of Dhanasar.

A flight attendant seeks EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal, finding the petitioner failed to establish that her proposed endeavor had substantial merit or national importance, lacking prospective impact beyond incremental industry improvements.

Entrepreneur in computer-aided design seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal; petitioner abandoned EB-2 eligibility by failing to contest final merits determination on appeal, making NIW analysis unnecessary and dispositive of case.

An advanced degree professional sought EB-2 national interest waiver for work improving oil and gas extraction processes. The AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance due to inconsistent and vague descriptions of specific plans and insufficient evidence of prospective economic effects.

A petitioner proposes to establish a sales and marketing organization to promote lesser-known U.S. tourism destinations beyond the top 20. AAO held the proposed endeavor lacks national importance because it fails to demonstrate broader field implications, lacks specificity on target regions, and revenue/employment projections do not show substantial economic effects.

A television producer sought EB-1A extraordinary ability classification. The AAO dismissed because the petitioner satisfied fewer than three of the required ten regulatory criteria. She failed to establish a major award, proper professional association membership, contemporaneous published material about her, and judging participation that existed at the time of filing.