Published AAO appeal decisions

Construction manager self-petitioner sought NIW for EB-2 based on sustainable building renovation company serving low- and high-income clients. AAO affirmed Service Center denial, finding proposed endeavor lacked national importance; focus on sustainable construction generally and unsupported economic impact insufficient.

An entrepreneur seeking EB-2 classification proposes a business recruiting international STEM students for U.S. higher education. AAO held the record fails to establish the specific endeavor has national importance under Dhanasar's first prong, as recruiting students benefits only client institutions, not the field broadly.

Civil engineer as CEO of Massachusetts construction consulting firm seeks NIW for sustainability and technology integration services. AAO affirmed dismissal, finding proposed endeavor lacks national importance; consulting work lacks potential to spur broader construction change or provide substantial economic effects.

A biomedical scientist and clinical pathology technician sought EB-2 with national interest waiver. The AAO dismissed the appeal, holding that the proposed biomedical company's services and training would not extend beyond individual clients to have national importance or broader field impact.

Self-petitioner entrepreneur in digital information transformation seeks NIW for EB-2 classification. He claimed his business addressing digital economy complexities has national importance. AAO affirmed denial because petitioner failed to demonstrate national importance; working in important field insufficient; no proof of broad impact or significant job creation potential.

Airline pilot proposed cargo transport operations, crew training, safety analysis, and technology adoption. AAO held proposed endeavor lacks national importance because pilot failed to show broader field impact; projected revenue and employment benefits insufficient for national importance.

Self-petitioner logistics and trucking manager seeking EB-2 NIW to start trucking company and driving school. AAO dismissed appeal because petitioner failed to establish national importance of proposed endeavor; business projected only modest employment and revenue with no demonstrated broader field or economic impact.

Logistics consultant seeking EB-2 with self-petitioner NIW for consulting business. Claimed endeavor in supply chain optimization and sustainable logistics practices has substantial merit and national importance. AAO held endeavor lacks national importance; benefits limited to prospective clients; no evidence of unique methodologies or field-wide impact.

Software engineer with master's degree seeking EB-2 advanced degree professional status with national interest waiver. Claimed proposed endeavor benefits field broadly with substantial economic effects. AAO dismissed appeal because specific endeavor lacks national importance and broader field implications beyond employer and customers.

Business manager specializing in supply chain management and strategic purchasing sought EB-1A classification. Director found one criterion met; AAO withdrew this finding. Petitioner failed to establish three required criteria: published materials concerned employer not petitioner; support letters for original contributions lacked detail and corroboration; record showed no sustained acclaim at top of field. Dismissed.

A ranch manager with advanced degree sought EB-2 with national interest waiver for cattle ranch operations. AAO granted underlying EB-2 eligibility but denied waiver, finding proposed job lacked demonstrated national importance. Local economic impact and industry relevance alone insufficient without broader field implications.

Special education teacher sought EB-2 NIW to establish a company providing training and development for inclusive education. AAO held she qualifies as advanced degree professional, but proposed endeavor lacks national importance; while addressing teacher shortage is important, services benefit only company clients without broader field implications.

Project manager with advanced degree sought NIW. Proposed business providing project management services with community involvement initiatives. AAO found proposed endeavor lacks national importance; services not unique or innovative; community programs do not extend beyond participants to impact field broadly; employment projections not substantial compared to industry. Second and third prongs reserved.

A commercial airline pilot seeking EB-2 classification with national interest waiver claimed his endeavor would reduce strain on the aviation industry from pilot shortage. The AAO dismissed the appeal on two independent bases: invalid electronic signature on the appeal form and failure to establish first prong national importance under Dhanasar framework.

Employer petitioned for senior software engineer beneficiary with advanced degree. Beneficiary proposed work on advanced computing architecture and user interface enhancements. AAO dismissed, finding proposed endeavor lacks national importance; working in important field insufficient, and no evidence of prospective impact beyond company benefiting broader economy.

An entrepreneur sought a national interest waiver for EB-2 classification with an advanced degree. The AAO found he failed to establish that his proposed construction sector venture has national importance, lacking sufficient evidence of prospective economic impact or job creation. The appeal was dismissed without analyzing the remaining Dhanasar prongs.

An architect sought EB-2 classification and NIW. The AAO upheld the service center's dismissal of a motion to reconsider. The petitioner lacked advanced degree or five years post-baccalaureate experience, and failed to meet three exceptional ability criteria. Underlying EB-2 eligibility unestablished; NIW eligibility not reached.

CEO with advanced degree sought EB-2 NIW for self-employed consulting firm in business development and global trade. AAO held proposed endeavor, though of substantial merit, lacks national importance; petitioner failed to show broader implications or economic effects rising to national level.

Cinematographer from Italy sought EB-1A for short films and music videos. AAO upheld denial: satisfied only two of ten criteria (judging and exhibitions). Published material claim rejected; comparable evidence for critical role rejected. Insufficient evidence of sustained national or international acclaim required for top-tier classification.

A dentist with an advanced degree proposed opening three dental clinics to serve underserved populations and teach geriatric dentistry. The AAO held the endeavor, while substantially meritorious, lacks national importance because it fails to demonstrate broader implications beyond direct patient benefit or meaningful impact on the dental industry.

A machine learning engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found he qualified with an advanced degree but denied the waiver. Generic publications about artificial intelligence and the 2023 AI Executive Order do not establish national importance of his specific research and development work for his current employer.

Pilot with advanced degree seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding petitioner failed to demonstrate that proposed aviation safety and survival training endeavor has national importance beyond immediate clientele, focusing on specific endeavor rather than industry importance.

Car dealership owner seeking EB-2 exceptional ability with national interest waiver. Claimed endeavor has national importance through environmental benefits and economic effects. AAO affirmed denial because proposed business lacks national importance, significant U.S. employment potential, or broader field implications.

An industrial-organizational consultant and entrepreneur sought EB-2 NIW classification, proposing a manufacturing consulting and workforce training company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and consistency to establish substantial merit and national importance under Dhanasar's first prong.