Published AAO appeal decisions

Human rights attorney sought EB-2 with national interest waiver. While demonstrating exceptional ability and current human rights work, petitioner failed to articulate a specific future endeavor with substantial merit and national importance under Dhanasar. Continuing employment in current position does not constitute sufficient proposed endeavor.

A consultant seeking EB-2 classification and national interest waiver for a small business development endeavor in economically disadvantaged cities. The AAO dismissed the appeal, holding the proposed endeavor lacks the national importance required under Dhanasar's first prong, as the petitioner did not demonstrate substantial positive economic effects or significant job creation potential.

Self-petitioner actuary and insurance underwriter seeking EB-2 NIW for contingency insurance and underwriting firm targeting sports, leisure, and entertainment industries. AAO found no national importance; petitioner's experience and industry reputation do not establish that endeavor rises to level of national importance required under Dhanasar.

Pilot and aviation instructor seeks NIW citing pilot shortage in airline industry. AAO held endeavor has substantial merit but lacks national importance; training effects on individual students insufficient to impact field broadly. First prong failure dispositive.

Systems analyst from Brazil claimed national interest waiver for EB-2 IT solutions business. AAO held he did not establish advanced degree equivalency or five years progressive experience in specialty, thus failing underlying EB-2 requirement; NIW analysis not reached.

Accountant and professor sought NIW as EB-2 advanced degree professional to operate management consulting business. AAO dismissed because generalized assertions about profitability and job creation lack corroborating evidence showing endeavor extends beyond client base to benefit field; insufficient economic impact demonstrated.

Personal financial advisor and entrepreneur sought EB-2 national interest waiver. AAO found petitioner failed to qualify as advanced degree professional and that proposed financial advisory business lacked demonstrated national importance because it would not generate substantial economic effects or impact the finance industry broadly.

An HVAC business owner sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show an advanced degree and met only one of six exceptional ability criteria, so the waiver question was reserved.

Physical therapist and entrepreneur sought EB-2 with national interest waiver to establish her own practice providing wellness services. AAO affirmed denial, finding her proposed endeavor lacked the national importance required under Dhanasar's first prong, as it had only local economic implications without broader field impact.

A Russian entrepreneur sought EB-2 with NIW for a mental health business focused on body-positive movement. The AAO dismissed because while the endeavor had substantial merit, petitioner failed to demonstrate national importance; ripple effects within a narrow community insufficient.

CEO event planner sought EB-2 exceptional ability classification and national interest waiver. AAO held she failed to qualify for underlying EB-2 as advanced degree professional or individual of exceptional ability because membership in professional associations did not demonstrate exceptional ability and she did not meet three of six regulatory criteria.

Marketing business CEO sought NIW for digital marketing services company targeting small business owners. AAO dismissed appeal, holding that proposed endeavor lacks national importance; petitioner provided inadequate evidence of broader field impact, job creation projections, or substantial positive economic effects commensurate with national importance.

Agribusiness consultant with advanced degree in zootechnics proposed starting a consulting company for sustainable farming and animal breeding. AAO held the proposed endeavor lacks national importance because services are individualized to specific clients without broader field implications.

Civil engineer entrepreneur seeking NIW for engineering consulting and project management company. Claimed national importance based on construction industry significance and infrastructure projects. AAO affirmed denial, finding that one business's revenue and job creation insufficient for national impact; industry importance does not establish individual venture's national importance.

Oil and gas project manager with advanced degree seeks NIW. Director found substantial merit but not national importance. AAO affirmed that proposed endeavor lacks necessary prospective impact, broader field implications, or significant U.S. job creation or economic effects at national level.

Accountant and entrepreneur seeks EB-2 NIW for business consulting firm. Petitioner claimed substantial merit and national importance under Dhanasar. AAO dismissed because the proposed endeavor lacked national importance; general business improvement and economic assertions were insufficient without specific evidence of prospective national-level impact.

Electrical engineer with 11 years IT and electrical engineering experience sought EB-2 national interest waiver for venture addressing cybersecurity, IoT, and sustainable energy. AAO dismissed: proposed endeavor lacked evidence of national importance and substantial impact on relevant industries despite general industry significance.

An accountant sought a national interest waiver to operate an accounting and cryptocurrency compliance consulting business. The AAO upheld dismissal, finding substantial merit but no national importance because projected revenues and employment of a small team did not demonstrate substantial economic effects or field-wide impact.

Urban development planner sought EB-2 with national interest waiver. AAO held petitioner failed the well-positioned prong: lacked specific business model or plan for United States endeavors and no credible evidence of investor or customer interest, despite experience with international projects.

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

Financial manager proposes self-funded fintech venture offering AI-driven financial guidance to economically distressed communities. Claimed national importance based on field value and target population impact. AAO affirmed denial: specific endeavor lacks demonstrated substantial economic impact, employment potential, or concrete implementation plan meeting national importance threshold.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

An advanced-degree entrepreneur-investor seeking EB-2 NIW to establish a U.S. business claimed to create 53 jobs and generate $5.17 million in wages. The AAO dismissed the appeal, finding recommendation letters and industry articles do not establish national importance of the specific proposed endeavor; broader field importance differs from prospective impact of the petitioner's business.

A nurse with advanced degree seeks EB-2 classification and national interest waiver to establish a home health care business. The AAO dismissed the appeal, agreeing the petitioner demonstrated substantial merit but failed to show national importance or broader field impact required under Dhanasar.