Published AAO appeal decisions

Construction and trucking entrepreneur sought NIW to expand company in Florida, creating 90 jobs in economically challenged counties. AAO dismissed appeal; although proposed work has substantial merit, it lacks national importance because it impacts specific company and clients, not the industry or field more broadly.

Chef and entrepreneur seeking EB-2 with NIW for healthy food restaurant and nutrition consulting business in Florida. AAO found substantial merit in health-focused entrepreneurial endeavor but no national importance; business lacks significant employment potential or economic effects to demonstrate national-level impact.

A mechanical engineer/entrepreneur seeks EB-2 classification and national interest waiver to open a microbrewery in New Jersey focused on sustainable brewing practices and equipment optimization. He claimed promotion of independent brewers and environmental innovation. The AAO found he did not establish national importance: no concrete evidence of prospective economic impact, employment generation, or meaningful industry-wide influence.

Telecommunications engineer seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish that his specific proposed endeavor has national importance; expertise and prior achievements insufficient to demonstrate prospective impact of the particular work itself.

A data center and network engineer in the pharmaceutical industry sought extraordinary ability classification. The service center found only two of ten criteria met. This second submission repeated the issues of an earlier appeal that is decided separately, so the AAO dismissed it as moot without analyzing the criteria.

Process engineering manager appealing dismissal of motion to reopen and reconsider EB-1A petition. AAO held motion properly dismissed because evidence submitted post-petition filing and lacked specificity regarding contributions of major significance; petitioner did not overcome basis for prior denial.

Insurance consultant with advanced degree sought national interest waiver for EB-2 petition. AAO reversed Director's finding on substantial merit but upheld denial on national importance, finding no evidence the consulting business would substantially impact U.S. economy or employment.

A systems engineer proposed developing novel technological platforms for virtual mental health services, claiming alignment with national public health objectives. The AAO dismissed the appeal, finding insufficient evidence that the specific endeavor differs from existing solutions, lacks expert corroboration of national government interest, and lacks detailed prospective impact documentation.

A professional sought EB-2 with NIW to establish a freight transportation company proposing to employ 20 workers. The AAO dismissed, finding insufficient evidence of national importance. The proposed endeavor would benefit specific customers and local employment without demonstrating broader implications for the transportation field.

Entrepreneur in forest nurseries and environmental conservation sought EB-2 NIW. AAO dismissed appeal, finding the proposed forest restoration endeavor has substantial merit but lacks national importance because petitioner did not demonstrate sufficient prospective impact beyond the field's inherent importance.

Medical assistant with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal on independent grounds: medical assistant position does not meet the statutory definition of profession; additionally, proposed endeavor lacked national importance as it would not impact medical field broadly.

Computer engineer and IT consultant with foreign bachelor's degree sought EB-2 NIW for cybersecurity and digital banking work. The AAO found substantial merit but dismissed because she relied on industry importance rather than her specific endeavor's prospective impact; consulting services to direct clients lack broader national or field-wide implications.

Experienced massage therapist seeks NIW for exceptional ability. AAO affirmed Director's denial finding proposed massage therapy business lacks national importance, as claimed economic benefits and field importance do not demonstrate specific endeavor's prospective impact beyond individual clients.

Automation technician claiming exceptional ability sought EB-2 with national interest waiver. AAO affirmed denial on two grounds: petitioner did not establish exceptional ability under initial criteria, and did not meet national importance requirement of first Dhanasar prong.

A business manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five exceptional ability criteria, with only membership found by the director. The AAO found the academic record, experience and salary evidence deficient, so fewer than three criteria were met, and it reserved the Dhanasar analysis.

A home health aide seeking NIW for EB-2 classification claims her business addresses healthcare shortage and benefits the economy. The AAO found substantial merit but rejected national importance, holding her specific endeavor lacks broad impact on the field or economy required by Dhanasar.

Dental surgeon entrepreneur seeks EB-2 classification with national interest waiver for dental practice. AAO affirmed denial, finding petitioner qualified for EB-2 as advanced degree professional and was well-positioned to advance endeavor, but failed to establish national importance required by Dhanasar first prong.

Entrepreneur sought EB-2 advanced degree or exceptional ability and NIW. AAO found petitioner qualified for advanced degree EB-2 but dismissed NIW appeal. Proposed management consulting endeavor lacked national importance despite job creation projections; substantial merit acknowledged but personal qualifications immaterial to first Dhanasar prong.

Entrepreneur self-petitioned for EB-2 NIW to establish PPE import-export business reducing reliance on China. AAO affirmed denial, finding endeavor has substantial merit but petitioner conflated importance of international trade and PPE industries with specific business endeavor's prospective impact.

A trucking entrepreneur seeks NIW for expanding his trucking company. The AAO dismissed the appeal, finding the endeavor lacks national importance despite job creation projections; national truck driver shortage alone is insufficient, and the business shows no original innovations or broader field implications.

Electrical technician seeking NIW for self-employed energy management consulting company. AAO dismissed because petitioner failed first prong: generic articles on energy importance and entrepreneurship did not establish that her specific endeavor would create substantial economic impact or broadly enhance societal welfare.

Marketing and communications manager with advanced degree sought waiver to provide branding consultancy. Qualified for underlying EB-2 but failed to establish national importance of endeavor; impact limited to clients without broader economic benefits.

Petitioner proposes startup logistics and transportation company in Florida. Claimed endeavor has national importance. AAO held prior work experience and generalized industry reports do not establish specific endeavor's national importance; startup company among many competitors lacks demonstrated broader field implications.

Audiologist seeks EB-2 with national interest waiver. Claimed endeavor addressing hearing loss has national importance aligned with federal initiatives. AAO held field importance insufficient; specific endeavor is direct clinical service without demonstrated broader implications, speculation about future research lacks probative value for Dhanasar analysis.

A physician seeking EB-2 with national interest waiver claimed ability to provide integrative medical services to underserved populations. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and did not demonstrate national importance, as it appeared to describe general medical practice without explaining a distinct, nationally significant undertaking.