Published AAO appeal decisions

Psychoanalyst sought EB-2 advanced degree classification with national interest waiver to provide counseling services through her own clinic. Director found advanced degree qualification but denied waiver. AAO affirmed, holding proposed endeavor lacked national importance; specific counseling services would not impact field broadly or generate substantial economic effects beyond individual clients.

Attorney and tax law specialist seeks NIW for self-employment in legal and tax consulting focused on international trade. AAO dismissed appeal, finding the proposed endeavor lacked national importance, failing the first Dhanasar prong because it would not impact the tax or business law field beyond her direct clients.

Business process engineer sought NIW for consulting venture. AAO reversed director's EB-2 eligibility denial, finding petitioner qualified with bachelor's degree plus five years progressive experience. However, proposed business lacked national importance because specific endeavor would not impact field broadly or achieve national economic significance.

Physical therapist sought NIW for mobile therapy clinic serving underserved patients. Petitioner claimed national importance based on serving low-income areas and future staffing plans. AAO dismissed, finding proposed local clinic lacks national or global implications; employment projections insufficient.

A computer programmer and IT management entrepreneur self-petitioner claimed EB-2 as advanced degree professional or exceptional ability individual, plus NIW. AAO dismissed appeal because petitioner provided insufficient and inconsistent evidence of proposed endeavor, occupation, and work history, failing EB-2 threshold.

A business and financial analyst from Brazil seeks NIW status to operate a consulting business advising U.S. companies on Brazil business matters. The AAO found the endeavor had substantial merit but lacked national importance, as the benefits would not extend beyond specific clients or impact the financial industry broadly.

A human resources manager seeking EB-2 classification with national interest waiver claimed her consulting business would generate jobs and share HR knowledge. The AAO held that she failed the first Dhanasar prong because her specific proposed endeavor lacked evidence of national importance, employment potential, or economic impact beyond generalized industry articles.

Tourism entrepreneur sought EB-2 NIW. AAO dismissed after finding petitioner lacks required five years post-degree work experience and proposed endeavor lacks national importance. Specific endeavor too vague; general tourism industry importance insufficient.

A financial manager established a real estate consulting company to promote affordable and sustainable housing. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because the business plan showing only six jobs over five years and consulting services does not demonstrate impact rising to the level of national importance required under Dhanasar.

Truck driver and owner seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed because petitioner failed to establish underlying EB-2 eligibility, meeting only two of six required criteria and lacking degree of expertise significantly above field ordinary.

Dentist and entrepreneur seeking NIW for planned dental practice providing seven service categories. Claimed endeavor has substantial merit as healthcare service but lacks national importance; scope limited to individual patients without demonstrable broader industry impact. Appeal dismissed.

Marketing specialist and entrepreneur with advanced degree sought NIW under EB-2. Proposed two marketing and technology businesses claiming novel products and economic benefits. AAO found record lacked corroborating evidence of national importance, broader field implications, or substantial employment or economic effects to establish first Dhanasar prong.

Commercial airline pilot and flight instructor sought EB-2 exceptional ability classification and NIW. AAO found petitioner failed to meet three required exceptional ability criteria: academic record, ten years full-time experience, and professional association membership. Decision dismissed appeal without reaching Dhanasar framework prongs because underlying EB-2 qualification was not established.

Software developer sought EB-2 NIW for property management software endeavor. AAO held the proposed endeavor lacks national importance despite substantial merit because petitioner failed to show specific prospective impact, economic benefits, or job creation, relying instead on general industry importance.

Business owner seeks NIW for EB-2 advanced degree classification and national interest waiver. Lacks qualifying advanced degree credential; proposed painting services endeavor fails first prong because it lacks national importance or broader field impact beyond his clients.

Brazilian entrepreneur seeking NIW under EB-2 proposing multiple U.S. businesses including educational and elevator enterprises. AAO found substantial merit but no national importance; projected revenues and job creation insufficient; social benefits lack national-scale implications. Appeal dismissed.

A hospice employer petitioned for a healthcare management specialist to develop a management system for hospice care. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because the petitioner failed to demonstrate how the work would impact the field broadly or produce substantial economic effects beyond limited patient populations.

Ph.D. public health researcher with advanced degree sought NIW as self-petitioner. AAO found endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she is well-positioned to advance her research through evidence of impact or success.

Clinical and counseling psychologist sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of providing psychological services and treatment through business. AAO held endeavor lacked national importance; business revenue and job projections did not demonstrate substantial positive economic effects or broader field impact.

General and operations manager sought EB-2 NIW to establish a business. AAO dismissed the appeal, affirming the director's finding that the proposed endeavor lacks substantial merit and national importance, as it cannot demonstrate broader field impact or significant economic effects beyond individual clients.

An aviation instructor sought EB-2 NIW to teach pilots in the United States. The AAO dismissed the appeal because the petitioner failed to establish national importance of his teaching endeavor. Post-filing claims about founding his own flight school introduced new facts unsupported at time of filing.

Aeronautical engineer seeking NIW for consulting work in aviation. Claimed substantial merit and national importance. AAO dismissed appeal, finding endeavor lacked demonstrated national importance because petitioner provided no documentation of specific impact beyond consulting clients or broader aviation field implications.

Software developer entrepreneur seeking NIW. Claimed substantial merit and national importance of IT consulting business. AAO found endeavor substantially meritorious but lacked national importance because benefits would not extend beyond the business itself to broader field impact.

Self-petitioner, fitness entrepreneur proposing fitness director role with consulting services. Claimed substantial merit and national importance under Dhanasar. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance because it affects only her clients, not the fitness industry broadly.

Marketing manager seeking national interest waiver for self-owned firearms and beauty product businesses. AAO held proposed endeavors lack national importance because they would not impact petitioner's field broadly and do not extend beyond her immediate clientele.