Published AAO appeal decisions

Startup incubator director seeks EB-2 advanced degree and national interest waiver for entrepreneurial endeavor mentoring startups and STEM outreach. AAO held proposed work lacks sufficient demonstrated national importance; impact too limited to direct clientele and insufficient evidence of broader field influence.

Insurance sales agent and entrepreneur sought NIW under EB-2 based on exceptional ability. AAO dismissed appeal; though endeavor had substantial merit, petitioner failed to show national importance or broader implications beyond company and clientele despite field industry importance.

An industrial and refrigeration maintenance technician with an advanced degree sought a national interest waiver for self-employment. The AAO found his proposed endeavor lacked national importance, affecting only individual clients without broader field impact. The remaining Dhanasar prongs were not reached.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An accountant seeking to establish a financial consulting company focused on IFRS compliance and strategic planning claimed a national interest waiver. The AAO found substantial merit in the endeavor but rejected national importance because the business would serve only individual clients without broader impact on the field or economy.

Financial consultant and entrepreneur seeks NIW to establish consulting business. AAO held endeavor lacks national importance; business plan, credentials, and industry reports do not demonstrate prospective impact beyond petitioner's own business and clientele. First prong failure dispositive.

A bioengineer and prosthetics researcher sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding she failed to establish a U.S. bachelor's or advanced degree equivalent and, even under exceptional ability, did not meet three evidentiary criteria. The proposed endeavor lacked specific evidence of national importance.

Civil construction project manager with master's degree proposes Florida-based residential and commercial remodeling company. AAO dismissed the national interest waiver appeal, finding the business plan lacked documented evidence of prospective impact beyond serving specific clients or employees, and projected revenues and job creation were insufficient to demonstrate national importance.

Energy professional in directional drilling seeking NIW for EB-2. Claimed national importance through oil and gas field importance and technical advancements for sustainable energy. AAO dismissed, finding substantial merit established but national importance not shown; petitioner confused field importance with specific endeavor impact and failed to demonstrate broad implications.

Mechanical engineer sought EB-2 NIW. AAO held appeal dismissible due to petitioner's conflicting statements about the proposed endeavor between initial filing and RFE response, making substantive nature unclear and preventing informed determination.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

A scientist with advanced degree sought waiver to develop sensor technology reducing heavy metal poisoning. The AAO affirmed dismissal because the petitioner materially altered the proposed endeavor between initial filing and RFE response, creating inconsistency that prevented analysis of national importance.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

A clinical nurse specialist proposed home healthcare business citing national nursing shortage and claiming ripple effects on U.S. healthcare. The AAO held that field importance does not establish national importance of the specific endeavor; her proposed company would lack substantial economic impact beyond regional or company-level operations.

Physician in fetal medicine/OB-GYN seeking NIW for EB-2. Claimed national importance through field importance articles and AMA economic impact study. AAO dismissed, finding physician failed to demonstrate national importance of specific endeavor or improvements over existing methodologies.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

Attorney sought EB-2 advanced degree or exceptional ability classification with NIW. Director denied motion to reconsider without establishing new legal analysis. AAO dismissed appeal holding director properly followed procedural requirements for motion denial.

A human resources professional and entrepreneur sought national interest waiver for EB-2. AAO dismissed, finding her proposed HR consulting endeavor, while benefiting her clients, lacks national importance and substantial positive economic effects at regional or national level.

Industrial machinery mechanic proposing fuel pellet manufacturing business seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, finding proposed endeavor lacked national importance because applicant failed to show how his specific business would have broader implications in the field.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

An entrepreneur seeking to establish dispatch and delivery services between the US and Eastern Europe claimed a national interest waiver. The AAO affirmed dismissal, finding the proposed endeavor lacked national importance, being confined to the applicant's company without demonstrating broader industry impact or substantial economic effects.