Published AAO appeal decisions

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Marketplace entrepreneur from Russia in e-commerce sought EB-1A extraordinary ability classification. Petitioner met only two of ten evidentiary criteria, failing to establish sustained national or international acclaim or intent to continue work in area of expertise in United States.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

A trucking business owner and driver with a law degree sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not meet enough exceptional ability criteria, so the waiver prongs were never reached.

A CEO sought NIW for EB-2 claiming national importance of his business endeavor. AAO dismissed appeal, finding the proposed venture lacked national importance because its impact would be limited to the employer and clients, not the broader field.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

A commercial manager seeks NIW for EB-2 to work as commercial management consultant for U.S. businesses. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar first prong; petitioner failed to show broad field impact or exceptional economic effects, dismissing appeal.

An aviation pilot sought EB-2 classification with a national interest waiver for his proposed work training regional and charter airline pilots. The AAO affirmed dismissal because the pilot failed to establish that his specific endeavor had national importance, as the training would not impact the aviation field broadly or yield substantial positive economic effects.

Specialist in private equity and international capital markets seeking national interest waiver for EB-2 self-petition. Petitioner claimed national importance of foreign investment endeavor. AAO dismissed because proposed endeavor lacked specificity and evidence addressed field-level importance rather than specific endeavor impact.

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Agronomist engineer sought EB-2 advanced degree classification and NIW. AAO affirmed denial because proposed endeavor lacked national importance; petitioner failed to articulate specific projects or goals beyond routine occupational duties that would demonstrate broader industry impact.

A violin restorer claimed extraordinary ability based on awards, membership, and published material. AAO dismissed, finding awards lacked national recognition, membership criterion not satisfied, published material insufficient, and no three-criterion threshold met for final merits consideration.

Business consultant sought EB-2 with national interest waiver for consulting on Brazilian law and export issues. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; general field importance does not establish specific endeavor merit.

Entrepreneur in frozen fruit distribution sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; evidence of frozen fruit industry demand does not demonstrate specific endeavor has broader field implications.

Equestrian rider and trainer specializing in show jumping sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only two of three required initial criteria (awards and judging) and failed to demonstrate sustained national or international acclaim and placement among the very top of the field.

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Music director seeks NIW under EB-2 advanced degree or exceptional ability classification. AAO affirmed denial: endeavor has substantial merit but lacks national importance; revenue and employment projections insufficient to demonstrate substantial positive economic effects at national or regional level.

Industrial engineer and transportation company owner self-petitioned for EB-2 NIW. AAO affirmed denial because petitioner failed to provide required certified translations and credential evaluations proving foreign equivalent advanced degree, precluding NIW analysis.

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.