Published AAO appeal decisions

A nicotine manufacturer petitioned for a director of product development under EB-2 advanced degree and Schedule A Group II. The beneficiary met two of seven evidentiary criteria (judging and scholarly articles). The AAO affirmed denial because the record did not demonstrate widespread acclaim and international recognition required for Schedule A designation.

IT consultant sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed second denial after remand, finding only one of six exceptional ability criteria met. National importance not established for proposed IT consulting endeavor.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.

Senior engineering program manager with advanced degree seeks NIW for research on electromechanical systems including motor design, hybrid vehicle powertrains, and aerospace monitoring. SCOPS approved advanced degree qualification and substantial merit but denied national importance. AAO upheld dismissal, finding insufficient evidence of broader field impact or economic effects rising to national importance.

A mechanical engineer sought a national interest waiver for an EB-2 employment-based petition. The AAO dismissed the appeal, finding the petitioner failed to establish that the proposed thermal management research endeavor has national importance, the first Dhanasar prong required for waiver eligibility.

A statistician with an approved labor certification sought a national interest waiver to develop statistical methods for biomedical discovery and clinical trials. The AAO dismissed the appeal, holding expert letters lacked persuasive corroborating evidence that his specific proposed endeavor would achieve national importance in biomedical science.

Computer science PhD studying efficient AI model deployment met first Dhanasar prong on substantial merit and national importance. However, AAO found insufficient evidence of being well positioned to advance the proposed endeavor through citations, letters, and research record. Third prong not reached. Appeal dismissed.

A physiotherapist from Brazil sought EB-2 classification with a national interest waiver for a health and wellness startup. The AAO dismissed the appeal because she failed to satisfy three of six exceptional ability criteria, specifically lacking sufficient evidence of professional association membership and recognition for achievements.

A healthcare staffing company petitioned for an EB-2 advanced degree classification with Schedule A designation for a physical therapist beneficiary. The petition lacked proof of Florida PT licensure or state qualification at filing. On appeal, the employer submitted a Florida PT license dated after the petition filing. AAO declined to consider late evidence and affirmed denial.

An employer petitions for a financial investor to receive an NIW for consulting services promoting U.S. business investment in China. The AAO found substantial merit but rejected national importance, concluding projected revenue, tax contributions, and job creation lacked evidence of broader regional or national economic impact.

Pharmacist sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed denial, finding although three criteria were met, evidence did not establish expertise significantly above ordinary levels in pharmaceutical services. NIW prongs reserved as unnecessary.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

Industrial engineer seeking EB-2 with national interest waiver for modular oil and gas facility modernization work. Petitioner claimed national economic and environmental benefits. AAO held proposed endeavor lacked sufficient direct evidentiary tie to claimed benefits and national importance.

An industrial engineer sought EB-2 national interest waiver for manufacturing technology in recycled composites. The AAO dismissed the appeal, finding the petitioner established national importance of the endeavor but failed to demonstrate he was well-positioned to advance it, lacking documented record of success or demonstrated customer interest.

Professional with one-year post-graduate certificate in financial management seeks EB-2 national interest waiver. AAO held applicant does not qualify for underlying EB-2 classification because transcript shows less than four years of study and does not establish foreign equivalent of U.S. bachelor's degree; Dhanasar analysis reserved.

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

An electronics engineer proposed a business offering technical support and consulting to television and streaming enterprises and self-petitioned for EB-2 national interest waiver. AAO dismissed, holding the proposed endeavor lacks substantial merit and national importance because it shows no significant potential for employment, economic impact, or contribution to advancing technology or field.

A clean energy specialist sought EB-2 national interest waiver as advanced degree professional. AAO agreed underlying EB-2 eligibility was met but found proposed endeavor had substantial merit but not national importance under Dhanasar. Petitioner showed only local economic potential, not broader prospective national impact. Appeal dismissed.

A process engineer seeks EB-2 national interest waiver for hydrogen membrane reactor research and development. Appeal dismissed because petitioner failed to establish substantial merit and national importance of proposed endeavor under Dhanasar's first prong; description lacked sufficient specificity and evidence of broader impact. Second and third prongs not reached.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

Computer scientist with master's degree in electrical engineering sought EB-2 NIW for individual research optimizing spectrum sensing in wireless networks. AAO found endeavor has substantial merit but lacks national importance. Petitioner failed to show individual research would impact field on scale commensurate with national importance despite field relevance.

A management analyst with advanced degree claims NIW for small business closure reduction consultancy in underserved areas. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance; evidence on field importance does not demonstrate specific endeavor's broader implications.

Social work program manager entrepreneur seeks NIW to establish mental health technology platform for students, school staff, and parents via mobile app and consulting. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; impact limited to individual clients without broader field-wide or economic effects.

A technician sought EB-2 classification with a national interest waiver, claiming exceptional ability. The AAO found the petitioner failed to submit required initial evidence for EB-2 qualification and did not establish exceptional ability. Because EB-2 eligibility was not shown, the NIW analysis was not reached.