Published AAO appeal decisions

Entrepreneur with advanced degree sought NIW to establish and operate a non-profit refrigerated trucking and repair services company in Illinois. AAO affirmed dismissal, finding the proposed endeavor lacks national importance despite substantial merit; petitioner failed to provide market studies or evidence of client interest demonstrating job creation or economic impact.

A petroleum engineering doctoral student seeks EB-2 with national interest waiver for research developing carbon nanotube products for oil and gas companies to reduce environmental impact. The AAO found substantial merit but no national importance; expert letters and general climate goals insufficient to demonstrate the specific endeavor's prospective impact on industry or field.

A quality control manager sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it. Hospitality experience did not support consulting business claims without demonstrated progress or contracts.

Biomedical engineer researcher proposed postdoctoral research on brain cognitive processes using machine learning. AAO withdrew denial of prong one, finding national importance, but affirmed denial under prong two because petitioner lacked demonstrated influence or record of success advancing the field.

An architect with advanced degree and self-employment in Brazil sought EB-2 NIW for a sustainable affordable housing venture. The AAO affirmed dismissal, finding the petitioner failed the first Dhanasar prong: while affordable housing is nationally important, the petitioner did not demonstrate her specific proposed endeavor would have national importance. Remaining prongs were not reached.

Airline pilot sought EB-2 as individual of exceptional ability with national interest waiver. AAO found petitioner met four of six initial criteria but dismissed appeal on final merits, concluding evidence did not establish degree of expertise significantly above ordinarily encountered in field.

Software developer seeks NIW claiming field importance. AAO agreed petitioner failed to identify specific endeavor or demonstrate national importance; general assertions about software development do not establish impact beyond employer or customer base.

Petitioner with advanced degree proposes data analytics and AI solutions company for healthcare. Claimed national importance via government recognition of AI in healthcare and societal welfare impact. AAO affirmed dismissal; endeavor lacks demonstrable national importance; benefits confined to prospective clients without substantial positive economic effects.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

A university professor and administrator seeks an EB-2 NIW to operate a higher education consulting business using a proprietary algorithm. The AAO dismissed, finding substantial merit but no evidence the business would broadly impact the field or achieve national importance.

A commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional claiming to address pilot shortage. The AAO dismissed the appeal, finding the proposed endeavor too vaguely defined and lacking evidence that his work would have substantial merit or national importance despite aviation industry challenges.

Software company petitioned for product design director as EB-1A extraordinary ability. Petitioner claimed six criteria but director found none met. AAO affirmed, finding app features, vague judging letters, and design contributions insufficient for national or international acclaim required for extraordinary ability classification.

Healthcare entrepreneur proposed establishing a company offering professional training courses. AAO dismissed because the petitioner failed to demonstrate national importance; proposed business benefits and job projections were insufficient, and lack of evidence that impact extends beyond client services to affect the field broadly.

Petroleum engineer proposing educational technology startup for energy workforce sought EB-2 NIW classification. AAO held endeavor had substantial merit but lacked national importance under Dhanasar because petitioner failed to demonstrate prospective impact beyond direct students or how platform would broadly influence field.

Clinical dentist seeks NIW based on proposed dental training platform. AAO affirmed director's finding that proposed endeavor lacked substantial merit and national importance, as evidence did not demonstrate impact commensurate with national level despite acknowledged oral health challenges.

A research economist and professor sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner qualified as advanced degree professional but failed to establish national importance. Research on equity and low-income communities lacked evidence of prospective impact beyond personal employer.

Dentist with advanced degree seeking NIW for clinical dental services, education, and public health outreach. AAO dismissed appeal, finding substantial merit but no national importance; proposed impact limited to direct patients and employer without broader field or industry influence.

Business management and restructuring consultant sought EB-2 NIW. AAO dismissed appeal, affirming Director's finding that proposed consulting endeavor lacked national importance under Dhanasar. Petitioner's focus on personal experience and general business optimization methodology did not establish particularized impact.

A business consultant with master's degree seeking EB-2 with national interest waiver to consult small and medium-sized Latino-owned businesses. AAO held the specific endeavor lacks national importance because evidence addresses industry importance, not the proposed business consulting's broader field impact.

Financial manager and lawyer seeks NIW. AAO found petitioner impermissibly changed proposed endeavor between initial filing and RFE response; initial endeavor lacks specific focus and does not demonstrate substantial merit or national importance.

Automobile manufacturer petitions for advanced-degree beneficiary as global safety investigations and recalls coordinator. Claimed national importance via safety improvements and industry impact. AAO affirmed dismissal; substantial merit shown but lacks national importance; work improves employer operations without demonstrating broader automotive or safety recall industry impact.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Information technology professional proposed to establish an IT services company and sought EB-2 national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or prospective economic impact at required level.

An astrophysicist seeks EB-1A extraordinary ability classification. The petitioner claimed multiple criteria. The AAO dismissed the appeal, finding the petitioner met at least three initial criteria but failed the final merits determination, lacking sustained national or international acclaim and not ranking among the small percentage at the very top of the field.

Information technology entrepreneur proposing work safety software company sought EB-2 NIW classification. AAO held endeavor lacked national importance under Dhanasar because petitioner failed to demonstrate how one company operation would impact field broadly or produce substantial economic effects at regional or national level.