Published AAO appeal decisions

An entrepreneur and finance manager in hospitality consulting sought an EB-2 national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because it would benefit only her clients without broader field impact or demonstrated substantial positive economic effects.

Financial analyst seeking EB-1A extraordinary ability classification. Petitioner met one of ten evidentiary criteria but failed to demonstrate intent to continue work in the United States. AAO affirmed denial based on unchallenged intent requirement and found petitioner submitted willfully altered translations of evidence.

Self-petitioner, entrepreneur in mining consulting, sought NIW for proposed endeavor serving mining companies. Claimed business plan, contracts, and opinion letters establish national importance. AAO dismissed appeal because record did not show specific endeavor has national importance; focused on generalized industry information rather than substantive impact beyond petitioner's prospective company.

Entrepreneur and financial markets professional sought NIW under EB-2 advanced degree as chief economist for digital currency exchange. AAO dismissed, finding the endeavor has substantial merit but fails the national importance element of Dhanasar's first prong, reserving analysis of remaining prongs.

Entrepreneur owning a Florida business with advanced degree in finance seeks NIW for EB-2 classification. Petitioner claimed his endeavor to support small businesses and train single mothers has national importance. AAO found substantial merit but dismissed because the specific endeavor lacks national importance; general economic activity in business field insufficient.

Architect sought NIW for EB-2 classification. AAO dismissed the appeal due to invalid electronic signatures on appeal forms (I-290B and G-28) not meeting regulatory requirements for original signatures. Additionally, petitioner failed to contest Director's adverse finding on the dispositive second prong of Dhanasar analysis.

An entrepreneur seeking EB-2 with national interest waiver for an IT consulting business. Claimed the venture would create 43 jobs in economically depressed areas. AAO dismissed, finding the business plan lacked credible projections and the proposed endeavor's economic impact did not rise to national importance.

A financial administrator seeking EB-2 with national interest waiver claimed advanced degree or exceptional ability status. The AAO dismissed the appeal, finding the petitioner failed to establish EB-2 eligibility itself, lacking required advanced degree credentials and meeting insufficient exceptional ability criteria, so Dhanasar analysis was not reached.

Information security consultant self-petitioner claimed national interest waiver for self-employment consulting. AAO held proposed endeavor lacks national importance under Dhanasar: general cybersecurity importance insufficient; projected seven jobs inadequate; no evidence of broader field impact beyond individual clients.

Nurse practitioner specializing in hospital infection control sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Proposed endeavor lacks national importance; standard clinical nursing work lacks broader implications or demonstrable substantial economic impact.

Organ transplant coordinator with master's degree sought EB-2 advanced degree and national interest waiver to work on transplant teams. AAO found substantial merit in proposed endeavor but no national importance; individual transplant coordination role lacks broader prospective impact required.

ESL teacher with master's degree seeks EB-2 national interest waiver. Petitioner claimed teaching is substantial merit and nationally important. AAO held proposed endeavor lacks national importance; teaching activities would not extend beyond individual students to impact field broadly.

A business and content manager specializing in travel entrepreneurship sought NIW for EB-2 classification. The AAO affirmed dismissal, finding substantial merit but no national importance because his company's tourism services lacked sufficient scale or demonstrated impact on economically depressed areas.

Entrepreneur with recent foreign degree sought EB-2 NIW for independent logistics business venture. AAO dismissed appeal, finding applicant lacked advanced degree or exceptional ability status and proposed endeavor lacked national importance, with only incremental economic benefits.

Accountant sought EB-2 NIW for financial literacy business endeavor. AAO affirmed Director's denial, finding the proposed endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate impact beyond her organization and did not adequately address specific Director findings.

Computer user support specialist seeking national interest waiver for EB-2 classification. Petitioner claimed national importance based on STEM field priority and IT labor shortage. AAO dismissed because generalized information about IT field does not establish national importance of specific endeavor to advance IT career.

A marketing consultant with advanced degree sought EB-2 NIW to establish marketing consultancy in the United States. The AAO found substantial merit but dismissed because she failed to show national importance. Her fifth-year revenue and employment projections were insufficient; focus must be specific endeavor impact, not field importance.

Computer scientist in medical imaging and computer vision claimed extraordinary ability through publications and citations. AAO upheld meeting two criteria (judging, scholarly articles) but rejected major contributions criterion due to insufficient evidence of field impact. Final merits: accomplished but not at top of field.

Industrial engineer sought NIW to operate independent consulting business serving manufacturing and related industries. AAO affirmed denial, finding no evidence the specific endeavor would meaningfully impact targeted industries or demonstrate substantial economic effects at national level.

An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

A logistician seeks exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not contest the director's finding that he failed to establish EB-2 eligibility, forfeiting the issue on appeal and making NIW analysis unnecessary.

Industrial and quality engineer seeks EB-2 exceptional ability classification and NIW. AAO affirmed dismissal partly because petitioner abandoned appeal arguments regarding national importance by failing to respond to Director's analysis. Also found first Dhanasar prong unmet.

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

Pilot with eleven years aviation experience seeking NIW claimed his work would generate positive economic impact and address labor shortages. AAO held the endeavor lacks national importance because working as pilot does not demonstrate broader field implications or substantial prospective economic effects.