Published AAO appeal decisions

Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.

An entrepreneur in physical therapy sought self-petitioned EB-2 NIW to operate a mobile physical therapy clinic with training programs. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; the endeavor lacked broader implications for the field beyond direct patient and trainee benefits.

Entrepreneur from Brazil seeking EB-2 as individual of exceptional ability for private security firm. Failed to meet underlying EB-2 exceptional ability requirement; lacked direct experience as chief executive of security firm and credentials above field norm.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

Information technology consultant proposing software development and tracking technology consulting company, seeking EB-2 with national interest waiver. Claimed endeavor has national importance given IT industry criticality and software engineer shortage. AAO found no sufficient evidence demonstrating proposed endeavor would substantially impact national shortages or offer broader field implications.

Audiovisual production entrepreneur sought NIW for business marketing small and medium enterprises in underserved areas. AAO dismissed appeal, finding substantial merit but no national importance. Unsubstantiated projections and lack of demonstrated broader field impact failed Dhanasar first prong.

Entrepreneur in logistics operations sought NIW as EB-2 advanced degree professional, proposing to establish a freight transport company. AAO dismissed appeal, finding petitioner lacked five years progressive experience and proposed endeavor lacked national importance despite job creation and revenue claims.

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

A human resources management specialist sought EB-2 classification as a person of exceptional ability plus a national interest waiver. The AAO found she met only two of six exceptional-ability criteria; appeal dismissed without reaching national interest waiver analysis.

Legal consultant in Brazilian and international law sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner's specific endeavor lacked national importance under Dhanasar's first prong despite petitioner's substantial credentials and field importance.

An entrepreneur in home health care sought NIW under EB-2 as advanced degree professional. The AAO found the proposed business demonstrated substantial merit but lacked national importance; projected revenues and jobs were insufficient to show broader field or regional economic impact. Appeal dismissed.

Petroleum engineer proposes work on cost-effective, environmentally sustainable hydrocarbon recovery using digital technologies for oil and gas operators. Claimed national importance addressing U.S. energy security and sector innovation. AAO affirmed denial: statements emphasize personal expertise rather than specific endeavor scope; lacks detailed plan or evidence the work extends beyond prospective employer to impact industry broadly.

The petitioner is a research scientist in functional genomics who sought extraordinary ability classification after the service center found neither a major international award nor three of the ten evidentiary criteria. The AAO dismissed the appeal as moot because she had since become a permanent resident through another petition.

An area manager/operational director seeks EB-2 NIW for work in hotel industry expansion in Texas, citing 80% sector growth and federal hospitality initiatives. AAO held the proposed endeavor lacks national importance because petitioner failed to show specific endeavor provides substantial economic benefits and broader implications beyond individual business expansion.

A business manager with advanced degree seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding substantial merit in her proposed business consulting endeavor but no national importance because typical business management duties lack broader implications and she provided only generalizations about economic effects.

A performing artist (actor, producer, theater and film) with fifteen years experience met four evidentiary criteria for EB-1A extraordinary ability. The AAO agreed she satisfied initial evidence requirements but dismissed the appeal, finding the record lacks evidence of sustained national or international acclaim required to demonstrate she is among the very few at the top of her field.

A dietitian and nutritionist with an advanced degree sought EB-2 NIW to open a nutrition clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would benefit only direct patients and lacked evidence of broader societal welfare enhancement or substantial positive economic effects.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.

Accountant seeks national interest waiver for financial consulting business serving small and medium enterprises. AAO held the endeavor has substantial merit but lacks national importance as it does not demonstrate significant potential for broad economic or employment effects, so waiver denied.

A system engineer with a doctorate in management science and engineering seeks EB-2 classification and national interest waiver to operate a digitized international online university. He submitted published articles and job announcements as evidence of positioning. The AAO dismissed the appeal, finding he failed the second prong: his earlier research and cited positions lack sufficient connection to the proposed university endeavor, and the university itself exists only in planning stages.

Entrepreneur in commercial photography, video, podcast and multimedia production seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding proposed business has substantial merit but lacks national importance under Dhanasar; specific venture fails to demonstrate potential to impact field or economy broadly.

Applicant seeking NIW for medical equipment maintenance and repair company. Failed both underlying EB-2 advanced degree requirement (insufficient progressive experience) and national importance element; claimed healthcare efficiency and economic growth benefits without adequate scope or evidence.

A nurse with foreign credentials sought EB-2 advanced degree classification and national interest waiver for a proposed infection control and prevention business. The AAO found her qualified for EB-2 but held her endeavor lacked national importance under Dhanasar; general healthcare articles and claims of potential did not demonstrate concrete impact beyond limited clients.

Professional with advanced degree sought NIW for EB-2 classification to provide environmental and occupational health advisory services without job offer. AAO dismissed appeal because proposed endeavor lacked national importance; petitioner made unsupported claims of alignment with government priorities without evidence of field-wide impact or substantial economic benefits.

A public relations professional claimed extraordinary ability for EB-1A classification. AAO found she failed to meet at least three of ten required criteria. Awards were attributed to employer, not individual. Membership evidence did not establish organizations require outstanding achievements by recognized experts. Record shows successful work but not sustained national or international acclaim.