Published AAO appeal decisions

Accountant sought NIW for EB-2 classification to offer finance and tax consulting to U.S. companies. Petitioner claimed benefits to U.S. economy through business activities. AAO held the proposed endeavor lacks national importance, benefiting only her employer and clients without broader accounting industry or economic implications.

Legal analyst and consultant seeking NIW under EB-2. Claimed substantial merit and national importance for proposed consulting business advising U.S. companies entering Latin American markets. AAO held the endeavor lacks national importance because it would not impact the field broadly, has no demonstrated substantial economic effects, and lacks evidence of significant employment or regional benefit.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

Maintenance and renovation engineer qualified as advanced degree professional sought national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate national importance of proposed maintenance services endeavor under Dhanasar first prong; work did not show broader implications or substantial economic benefits.

A marketing manager with an advanced degree sought a national interest waiver. The AAO withdrew the service center's favorable first-prong finding, concluding the proposed marketing services lacked national importance because the benefit was limited to employers and clients, with no shown broader or economic impact. Later prongs were not reached and the appeal was dismissed.

An HR manager with advanced degree seeks NIW for EB-2. AAO dismissed because petitioner failed to articulate specific proposed endeavor beyond general field of HR management; lacks demonstrated national importance for waiver eligibility.

Teacher with advanced degree sought NIW waiver for EB-2 classification to teach English language learners. AAO held proposed endeavor lacked national importance under Dhanasar first prong; teacher's work, though meritorious, impacts only specific school, not education field broadly or U.S. economy nationally.

Teacher sought EB-2 exceptional ability classification and NIW. AAO dismissed: petitioner did not meet three of six exceptional ability criteria and failed underlying classification. Additionally, AAO found petitioner willfully misrepresented authorship of four publications submitted as evidence.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

A physical therapist sought EB-2 classification with national interest waiver. AAO dismissed because the petitioner failed to establish five years of progressive post-baccalaureate experience in physical therapy required for an advanced degree equivalency, making further analysis unnecessary.

A research scientist in chemistry sought extraordinary ability classification. The service center accepted only the scholarly articles criterion. On appeal he claimed three more, covering published material, original contributions and leading role. The AAO dismissed, finding the evidence insufficient for three criteria and not showing sustained acclaim or top-of-field standing.

A direct care worker seeks EB-2 exceptional ability classification and NIW. The AAO dismissed, finding she failed to meet three of six regulatory criteria for exceptional ability; official academic records lacked required documentation, employment history insufficient, and recognition letters did not demonstrate significant contributions. NIW not addressed.

Youth minister seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of providing youth outreach ministerial services addressing mental health and opioid epidemic. AAO found no national importance; work lacks evidence of significant potential economic effects or broader field impact beyond specific clientele.

A postdoctoral fellow in chemical engineering sought EB-2 NIW based on proposed fuel research. The AAO found the endeavor had merit and national importance but dismissed because the petitioner lacked sufficient evidence of being well positioned to advance it, particularly given limited citation impact and no demonstrated primary funding responsibility.

Fish market petitioner seeks extraordinary ability classification for beneficiary in business. Appeal dismissed summarily because petitioner failed to identify any erroneous conclusion of law or fact in the service center's denial and did not contest any aspect of the decision.

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

A pharmaceutical chemist and assistant professor sought NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish substantial merit and national importance of the proposed endeavor under Dhanasar's first prong because the endeavor remained vague and lacked evidence of broader field impact.

Registered nurse and nursing instructor applied for NIW under EB-2. Petitioner had advanced degree and proposed work in gerontological nursing and research. AAO found substantial merit but no national importance; nursing work would not impact field broadly, and research plans lacked sufficient detail and evidence of original innovations or wider implications.

Security expert sought NIW for EB-2. Service Center approved advanced degree qualification but denied NIW. AAO dismissed because petitioner failed to describe specific proposed endeavor with sufficient detail to establish substantial merit and national importance.

Adjunct chemistry instructor sought NIW for EB-2. Petitioner claimed substantial merit and national importance but provided inconsistent information about proposed endeavor. AAO found significant unresolved questions and withdrew director's finding that first prong was met, dismissing appeal without reaching remaining prongs.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

A counterterrorism security expert with a master's degree sought a national interest waiver for EB-2 classification. While qualified as an advanced degree holder, he failed to demonstrate that his proposed security or emergency management work had national importance or sufficient prospective impact, lacking specific details about his endeavor.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

Dentist sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed dental work benefited only immediate patients and employer, lacking broader implications for U.S. workers or substantial economic effects required for national importance.