Published AAO appeal decisions

Self-petitioner entrepreneur seeking EB-2 NIW for software development and cloud computing startup. Claimed endeavor aligned with national technology and workforce initiatives. AAO found substantial merit but no national importance; company lacks demonstrated significant potential for broad economic effects, employment creation, or impact beyond its immediate clientele.

Real estate professional with industry experience seeks EB-2 with national interest waiver for real estate development business. AAO dismissed because proposed endeavor lacks national importance; petitioner relied on general foreign direct investment benefits applicable to any real estate professional rather than demonstrating specific extraordinary impact.

An IT entrepreneur sought EB-2 classification with a national interest waiver for his information technology consulting company. The AAO dismissed the appeal because the proposed endeavor lacked sufficient evidence of national importance and broader implications beyond the company's specific clientele.

Logistician proposing supply chain services business in New York seeks NIW. Claimed national importance through industry significance and employment growth projections. AAO dismissed, finding no showing that specific endeavor broadly influences field or generates substantial economic effects beyond direct clients and employees.

A service team manager seeking an executive position in financial services sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, holding that while the petitioner qualified as advanced degree professional, her proposed endeavor lacked sufficient evidence of national importance; assertions alone without corroborating evidence were insufficient.

An IT manager and entrepreneur sought EB-2 NIW to develop an IT infrastructure and database consulting firm. The AAO found substantial merit but rejected the claim of national importance because the projected employment and revenue would not significantly impact the IT industry broadly or an economically depressed area.

A psychologist seeking EB-2 advanced degree professional classification and national interest waiver for a private psychotherapy practice. The AAO affirmed the director's denial of the combined motions to reopen and reconsider, and affirmed that the proposed private practice lacked national importance under Dhanasar's first prong.

Architect and urban planner seeks NIW for sustainability consulting business in Florida. Petitioner claimed national importance through resilient urban strategy initiatives and employment potential. AAO dismissed, finding endeavor has substantial merit but lacks demonstrated national importance or broader field impact.

Operations manager at auto parts wholesaler seeking EB-2 NIW claimed her endeavor would impact field through international purchasing and job creation. The AAO dismissed, finding the endeavor lacked national importance; benefits were confined to her company and direct clients without broader field or substantial economic implications.

A paintless dent repair specialist seeking EB-2 classification and national interest waiver to work as a micro restoration specialist in automotive repair. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the PDR field broadly or demonstrate substantial economic effects beyond the petitioner's clients.

A physiotherapist seeking EB-2 NIW classification claimed advanced degree and five years post-baccalaureate experience. The AAO dismissed the appeal, finding willful misrepresentation: inconsistent statements about education and work experience contradicted prior visa proceedings, and petitioner did not respond to notice of intent to dismiss.

Journalist sought EB-2 classification and national interest waiver for work writing articles and teaching in Florida. AAO dismissed appeal finding the endeavor has substantial merit but lacks national importance because work would not extend beyond immediate audience to impact journalism field broadly.

Business director sought EB-2 with national interest waiver for ventures in real estate, digital marketing, and healthcare. AAO dismissed because proposed endeavor lacked evidence of national importance. Although ventures might generate local economic growth and jobs, they did not demonstrate broader field implications or national-scale impact required by Dhanasar.

Quantum mathematics researcher sought national interest waiver as advanced degree holder. Met EB-2 advanced degree requirement but failed first Dhanasar prong. Recommendation letters lacking specificity about proposed endeavor; insufficient evidence that research has national importance beyond field prestige.

A supply chain and logistics operating manager sought a national interest waiver for a company supporting supply chain resilience. The AAO dismissed because the specific endeavor lacked national importance; while supply chain security is important, the petitioner did not show innovation or demonstrate that projected five to sixteen employees would create substantial economic effects.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

An electrical engineer proposed work in sustainable energy, smart telecommunications, and lighting systems, claiming alignment with national clean energy initiatives. The AAO held that importance of sustainable energy as field does not establish national importance of her specific endeavor; no evidence she would directly employ U.S. workers or achieve field-wide impact.

Dentist entrepreneur operating dental clinic seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding proposed endeavor lacks national importance because operating one clinic does not demonstrate significant potential to employ U.S. workers or impact dentistry field broadly.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A business manager proposed developing a company creating accessible kitchen supplies for people with disabilities. The AAO dismissed the appeal, agreeing that while the endeavor had substantial merit addressing societal needs, petitioner failed to demonstrate national importance, lacking evidence of impact beyond prospective clients or significant economic or employment effects.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

Entrepreneur in business consulting sought EB-2 national interest waiver. The AAO found her advanced degree qualification met but dismissed the appeal, holding her proposed consulting endeavor for international trade and women entrepreneurship lacked sufficient national importance beyond direct client and employee benefits.

A sales operations manager entrepreneur seeking EB-2 exceptional ability and national interest waiver for sales consulting and course offerings. The AAO affirmed that the petitioner failed to meet at least three of six exceptional ability criteria, particularly lacking ten years full-time experience, demonstrating exceptional salary, and showing industry recognition.

Self-petitioner seeking to work as IT specialist proposed collaborating with technology companies on IT services. AAO dismissed appeal, finding endeavor lacked national importance; petitioner conflated field importance with endeavor importance and failed to demonstrate specific prospective impact or economic effects.

Urban planner with foreign advanced degrees in architecture and sustainable urban planning seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed national importance prong. Decision held that creating 15-minute cities at specific location lacks broader field implications or national-level significance required by Dhanasar.