Published AAO appeal decisions

An agricultural and construction consultant with an advanced degree sought EB-2 NIW to start a consulting company. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor had substantial merit and national importance, lacking specific evidence of prospective impact beyond serving individual clients.

Dentist sought EB-2 advanced degree classification and NIW for dental support organization services. AAO affirmed denial because proposed endeavor lacked national importance; evidence showed only local clinic impact, not broader field or economic implications required by Dhanasar.

Judo coach and martial arts company owner sought EB-2 national interest waiver. AAO found petitioner lacked advanced degree qualification and that proposed martial arts coaching endeavor, though meritorious, lacked national importance because its benefits would not extend beyond individual clientele to impact the field broadly.

Human resources specialist sought EB-2 advanced degree classification and national interest waiver to offer consulting services to small and medium companies. AAO held she qualified for EB-2 but failed to establish national importance; endeavor's benefits would not sufficiently extend beyond her clients to achieve broader implications commensurate with national importance.

Interpreter and translator sought EB-2 classification and national interest waiver to establish interpreting and translation company serving hospitals, clinics, insurance brokers, and schools. AAO held proposed endeavor lacked national importance; benefits would not extend beyond prospective clientele to impact field or economy more broadly.

Athlete seeking EB-1A extraordinary ability classification met one of ten criteria but failed to demonstrate at least three. AAO held petitioner did not show sustained national or international acclaim or comparable evidence meeting regulatory standards; major league performance alone insufficient.

A lawyer and entrepreneur sought EB-2 NIW to establish an LLC providing international business consulting and training between Brazil and the U.S. The AAO dismissed because the proposed endeavor lacked national importance: projected employment was modest, regional location and tax contributions insufficient, and training would not extend beyond individual participants to impact the field broadly.

A physician sought NIW for a healthcare services endeavor in Florida. AAO affirmed dismissal because the proposed endeavor lacked substantial merit; vague business plan and voluntary dissolution of the business entity undermined credibility and long-term viability of the specific endeavor.

Computer systems engineer self-petitioner proposed IT consulting and professional training services. AAO dismissed: proposed endeavor lacks national importance under Dhanasar; industry-wide cybersecurity importance does not establish national importance of petitioner's specific consulting services.

Tourism industry professional sought EB-2 national interest waiver for sustainable tourism company. Petitioner established substantial merit and advanced degree eligibility but failed to demonstrate specific endeavor has national importance; general field importance and alignment with climate initiatives insufficient.

Associate professor in computer science seeks EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner satisfied only two of ten evidentiary criteria and lacked sustained national or international acclaim required for classification as one of small percentage at top of field.

Trucking industry manager with advanced degree proposed consulting and training company for trucking businesses. AAO dismissed appeal finding proposed endeavor lacks national importance despite industry's economic significance; services remain limited to individual clients without broader sectoral impact.

Pharmacist and entrepreneur sought EB-2 with national interest waiver to develop wellness business and compounding pharmacy. AAO affirmed denial, finding proposed endeavor failed to demonstrate national importance under Dhanasar; business plan showed growth potential but no evidence of substantial positive economic effects or broader field impact.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

An attorney sought EB-2 NIW for a proposed mediation and conciliation company. The AAO affirmed dismissal of motions to reopen, finding the petitioner failed to demonstrate substantial merit and national importance of her specific endeavor, and that she was not well-positioned to advance it beyond industry-wide importance.

Sustainability advisor with advanced degree seeking NIW for EB-2. AAO dismissed, finding petitioner's environmental consulting endeavor lacked national importance under first prong of Dhanasar; endeavor limited to client advisory services without broader industry implications or substantial positive national economic effects.

Entrepreneur in trucking industry sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner did not establish eligibility as advanced degree professional or individual of exceptional ability, lacking sufficient evidentiary criteria and documented work experience.

Business coach seeking NIW to operate coaching company in Florida. Claimed endeavor supports business development. AAO held petitioner failed to establish national importance; endeavor lacked specificity, documentation of existence uncertain, and no evidence demonstrated significant prospective impact.

A financial professional sought a national interest waiver for self-employment in financial consulting. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance because the evidence showed only localized consulting services for a limited clientele without broader field impact or substantial economic effects.

A software engineer sought a national interest waiver to establish a privacy consulting business focused on distributed systems and regulatory compliance. The AAO dismissed the appeal, finding substantial merit but rejecting national importance because the evidence showed only localized business activity without broader field impact or significant employment potential.

A veterinarian assistant proposes opening a veterinary clinic in Texas. The AAO found the endeavor had substantial merit but lacked national importance, as it would serve only local clients without broader field impact. Appeal dismissed under the first prong of Dhanasar.

Entrepreneur with master's degree seeking NIW for antique cargo transport business. AAO affirmed denial because the proposed endeavor lacked sufficient evidence demonstrating national importance; generic industry importance and projected revenue were insufficient to show prospective national-level impact.

Researcher with advanced degree proposes endeavor on mathematical modeling for food safety and water pollution. Petitioner established substantial merit and national importance of proposed research. Failed second prong: published work heavily self-cited, lacking independent recognition from relevant parties needed to show capacity to advance endeavor.

Entrepreneur with hotel and restaurant management degree sought EB-2 national interest waiver for ice cream business venture. AAO dismissed appeal because petitioner lacked five years of progressive post-baccalaureate experience in the specialty; ineligible for underlying EB-2 classification, thus Dhanasar framework not reached.

Franchise business manager sought NIW for consulting company helping franchises scale. AAO dismissed appeal, finding proposed endeavor lacked national importance. Projected employment of four to thirty-one workers and profits of approximately five hundred sixty-two thousand dollars were insufficient relative to industry scale.