Published AAO appeal decisions

Physical therapist seeking EB-2 classification with national interest waiver for clinical and consulting work in physical therapy. Claimed endeavor impacts national healthcare initiatives and involves educational outreach. AAO dismissed, finding individual patient care and general professional education, however beneficial, lack the broader implications, manufacturing breakthroughs, or medical advances demonstrating national importance under Dhanasar first prong.

Manufacturing engineering manager sought EB-2 NIW. AAO dismissed, holding that although petitioner qualifies as an advanced degree professional and is well positioned to advance the endeavor, it lacks national importance because it does not demonstrate sufficient prospective impact on the field or nation.

An entrepreneur and international insurance specialist sought NIW, claiming his endeavor had substantial merit and national importance. AAO found no clear EB-2 underlying classification determination made by the Director. On national importance, the record discussed general benefits of entrepreneurship and innovation to economies but failed to establish the petitioner's specific proposed endeavor would have prospective national impact.

Electrical engineer sought EB-2 advanced degree classification and NIW for proposed energy efficiency and renewable energy services business. AAO found petitioner qualified as advanced degree professional but failed NIW first prong. Proposed endeavor had substantial merit but lacked national importance; no evidence of prospective economic impact or job creation at level required by Dhanasar.

Physician-researcher seeking EB-2 with national interest waiver initially proposed medical research, later shifted to clinic management. AAO affirmed dismissal: material change to proposed endeavor was impermissible; clinic provision of medical services lacks demonstrated broader impact on healthcare field or access.

Industrial designer sought EB-2 NIW as exceptional ability or advanced degree professional. AAO dismissed on threshold issue: petitioner failed to establish EB-2 eligibility by not meeting three criteria for exceptional ability (no degree diploma submitted) and lacking advanced degree or required work experience; NIW analysis reserved.

Data processing professional sought NIW claiming advanced degree or exceptional ability. AAO dismissed because petitioner lacked foreign equivalent of U.S. advanced degree or baccalaureate degree, failed to demonstrate five years progressive post-baccalaureate experience, and met only two of three exceptional ability criteria required.

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability or top-tier status.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Real estate entrepreneur holding advanced business degree sought EB-2 NIW for home construction investment business in Florida. Petitioner met second prong with relevant experience but failed first prong; projected business revenues and employment would not demonstrate national economic importance.

Organizational psychologist sought EB-2 NIW for HR services business. Claimed substantial merit and national importance. AAO found substantial merit established but rejected national importance because the endeavor would not impact the HR field broadly, only the petitioner's organization and clients.

Electrical engineer sought NIW under EB-2 as advanced degree professional. Proposed establishing engineering consulting business in automation and manufacturing. AAO dismissed, finding record did not establish national importance of specific endeavor; petitioner's experience and STEM field importance related to second prong, not endeavor's prospective impact.

A dental healthcare professional sought EB-2 classification with national interest waiver for orthodontic and 3D laboratory services. The AAO held she failed the first Dhanasar prong because evidence showed field merit but not national importance; her work lacked broader implications beyond her company and clientele.

Chief executive in small business development seeking EB-1A extraordinary ability classification. Met two of ten regulatory criteria: judging and scholarly articles. AAO dismissed appeal because petitioner failed to meet three criteria required for EB-1A eligibility and did not demonstrate sustained acclaim or top-tier recognition.

A marketing and product development executive sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because her proposed endeavor to develop beauty industry products lacked national importance; impact limited to specific employer benefit rather than broad industry or economic effect.

A general and operations manager pursued EB-2 advanced degree and NIW classification. The AAO found the petitioner failed to identify a specific proposed endeavor, instead describing general construction management. Without specific details, national importance and positioning could not be assessed.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

An occupational health and safety technician planning a workplace safety services business sought a national interest waiver with advanced degree classification. The AAO found no proof of a qualifying bachelor's-level degree and held that the endeavor, though meritorious, lacked demonstrated national importance. It reserved the remaining prongs and dismissed the appeal.

Fashion professional sought NIW for EB-2 classification as individual of exceptional ability. Petitioner failed to meet initial evidence requirements for exceptional ability under regulatory criteria. AAO held proposed endeavor lacked national importance and failed to demonstrate substantial positive economic effects or broader industry impact.

Medical and healthcare manager with MD degree seeking national interest waiver for proposed sports medicine clinic in Florida, New Jersey, and California. AAO dismissed because proposed endeavor, though having substantial merit, lacked national importance; personal credentials and experience relate to second prong, not first prong national importance requirement.

Logistics manager sought EB-2 NIW to operate trucking company. AAO dismissed: while endeavor has substantial merit, petitioner failed to demonstrate national importance. Business plan projections and job creation targets insufficient to show substantial positive economic effects at national level required by Dhanasar.

Aircraft mechanic and technician sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO dismissed, finding proposed endeavor of working as aircraft interior technician lacks national importance; arguments regarding aviation industry importance do not establish specific endeavor's broader impact.

Legal analyst with advanced degree sought national interest waiver for self-employment. AAO affirmed denial under Dhanasar because proposed endeavor lacked national importance; petitioner's business would serve only local clients without broader field implications or substantial economic effects beyond her own enterprise.

Electronics engineer sought EB-2 NIW to develop and market medical smartphone applications. AAO reversed on first prong, finding national importance established, but upheld denial on second prong: insufficient evidence of success in app development, no prior related business experience, and post-filing customer interest letters undermined preparedness claim.