Published AAO appeal decisions

A nurse with over ten years of experience sought EB-2 classification with national interest waiver for providing nursing services and teaching. The AAO found substantial merit but dismissed because the proposed endeavor lacks national importance; individual patient care and teaching do not impact the field broadly.

Lawyer seeking EB-2 with NIW to establish consulting firm advising U.S. businesses on Brazilian market entry and law. Petitioner claimed endeavor impacts nationally important issues and employs CRM technology. AAO held endeavor lacks national importance; client-focused consulting does not extend beyond individual firm to impact field broadly.

Economist in oil and gas industry seeking EB-2 with NIW as employee or independent consultant. Petitioner claimed expertise supports U.S. transition to cleaner energy and guides LNG companies. AAO held proposed consultancy does not extend beyond prospective employer or clientele to impact field broadly at national importance level.

IT professional and startup CEO sought EB-2 with NIW for web development, design, and IT consulting company. AAO found petitioner qualified for EB-2 but lacked national importance for proposed endeavor. STEM field alone insufficient; no evidence of broader implications or substantial positive economic effects. Appeal dismissed.

Physical therapist with five years experience proposes return-to-work programs addressing chronic illness and opioid epidemic public health impacts. Claimed national importance from field-level contributions and broader societal welfare. AAO affirmed denial: work limited to individual patient treatment lacks evidence of broader field impact or economic effects at national importance level.

A surgeon in aesthetic medicine sought NIW with advanced degree classification. AAO found the proposed endeavor in aesthetic medicine has substantial merit but lacks national importance because it would only serve individual patients without broader implications for the field or healthcare sector.

Chemical sales engineer and technical consultant seeking EB-2 with national interest waiver claimed substantial merit and national importance based on safety and water quality benefits. AAO affirmed denial, finding insufficient evidence that proposed work would have prospective national impact on field, welfare, or economy.

Lawyer and privacy professional seeking EB-2 classification with national interest waiver for privacy consulting endeavor. Conceded advanced degree qualification but failed first Dhanasar prong of substantial merit and national importance. AAO found proposed endeavor lacked broader implications beyond individual clients and specific clientele.

A financial technologies researcher with a PhD sought NIW as self-petitioner to start a fintech startup. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite showing substantial merit; benefits were confined to specific employers and clients rather than the field broadly.

Information technology instructor seeking NIW for continued STEM education work. Claimed national importance based on government STEM policy alignment and recognition as top instructor. AAO affirmed denial, finding substantial merit but no national importance; instructor status and top performer recognition insufficient without demonstrating broader impact on IT or STEM education fields.

Environmental scientist and entrepreneur seeking NIW for waste management and residential compost business. Claimed national importance based on job creation and environmental benefits. AAO affirmed denial, finding proposed endeavor lacks national importance; employment of one to four full-time workers and limited revenue insufficient to demonstrate national impact.

IT project manager and entrepreneur seeks NIW for consulting and training business in Florida. Petitioner claimed national importance through STEM workforce development alignment and employment creation. AAO dismissed, finding endeavor lacks demonstrated impact beyond individual clients in large competitive industry.

Industrial and organizational psychologist with U.S. master's degree seeks NIW for EB-2. Claimed her work reducing corporate burnout and improving employee engagement has national importance. AAO held the specific endeavor lacks national importance because it would not extend beyond individual companies to impact the field broadly.

Ophthalmologist seeking EB-2 NIW for clinical refractive and cataract surgery practice. Petitioner established advanced degree and substantial merit but failed to show national importance, as proposed work would affect only individual patients and employers, not ophthalmology field broadly.

CEO seeks EB-2 NIW for stationery, visual communication, and digital printing company. Petitioner claimed exceptional ability and national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; working in an important industry and general business optimization arguments were insufficient without specific evidence of U.S. economic impact.

Cloud infrastructure engineer sought EB-2 with national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance. The work would only benefit a specific employer and would not impact the field broadly, failing the first Dhanasar prong.

A telecommunications specialist sought EB-2 NIW classification. While his field is nationally important, the decision found his specific proposed endeavor in rural broadband consultation lacked sufficient national importance. Evidence showed industry importance but not his distinct contribution or connection to state projects.

Self-petitioner, entrepreneur in transportation, sought EB-2 NIW to operate a freight trucking business. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because it would not substantially impact the industry or economy beyond the petitioner's employees and clients.

An engineer and management consultant sought EB-2 classification with national interest waiver for a consulting business. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance due to modest job creation and revenue, thus dismissing the NIW appeal.

A human resources and marketing communications specialist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed endeavor lacked national importance under Dhanasar because it showed no broader implications beyond her company and employees to impact the field or economy.

Educator and child welfare professional seeks NIW for EB-2. Claims proposed endeavor using drawing interpretation as early detection tool for behavioral anomalies in students has national importance. AAO holds specific endeavor lacks national importance; merely working in important field is insufficient, and petitioner provided unsupported assertions rather than detailed evidence of prospective impact.

Self-petitioner, medical health services manager, sought EB-2 with NIW to start home health care company. AAO found substantial merit but affirmed denial on national importance; statistics about home health sector broadly do not demonstrate specific business's broader field or economic impact.

An educational teacher and entrepreneur with an advanced degree sought EB-2 NIW for an education center serving special needs children and after-school courses. The AAO affirmed the director's denial, finding the proposed business lacked national importance because it would not impact the field broadly beyond her own clientele and showed no potential for substantial U.S. employment.

Economist with doctorate in economics and finance sought NIW for EB-2 classification. She claimed expertise in economic development and financial analysis. AAO dismissed appeal because she presented inconsistent descriptions of her proposed endeavor and failed to establish its national importance or her capability to advance it.

Self-petitioner entrepreneurial financial manager seeks national interest waiver for proposed business providing financial guidance to small business owners in SBA-designated HUBZone. AAO held proposed endeavor lacked national importance under Dhanasar first prong because benefits did not extend beyond direct clientele and applicant ineligible for HUBZone program.