Published AAO appeal decisions

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

Commercial airline pilot sought EB-2 NIW for training on the A350 aircraft. AAO dismissed appeal after applicant failed to address Director's underlying EB-2 qualification findings and provided only post-filing certificates. Endeavor lacked demonstrated national importance despite having substantial merit.

Self-petitioner proposing fraud risk and prevention consultancy sought NIW. AAO affirmed denial: while endeavor had merit, it lacked national importance. Evidence of job experience and industry importance relate to second prong, not first; business plan and letters did not show specific prospective impact at national level.

CEO in artificial intelligence and telecommunications seeks extraordinary ability classification. Petitioner claimed three criteria; AAO found two additional criteria met beyond Director's initial finding. Remanded for final merits determination on sustained national or international acclaim.

Synchronized swimming athlete and coach met initial evidentiary criteria but failed to demonstrate sustained national or international acclaim; seven to eight year gap after relocating to US showed failure to maintain commensurate level of achievement required for extraordinary ability.

Lawyer seeking NIW for EB-2 advanced degree classification to establish law practice facilitating cross-border transactions. AAO held petitioner failed to demonstrate national importance of proposed endeavor, as projected revenue and client benefits lack broader implications for legal services industry or economy.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

Software quality assurance expert seeking EB-2 with national interest waiver claimed endeavor in consultancy and workforce training had national importance. AAO dismissed appeal, finding his proposed services lacked sufficient prospective impact beyond his company and clientele to rise to national importance level required by Dhanasar first prong.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.

A security management specialist proposes to establish a security services business and claims exceptional ability. The AAO dismissed the appeal because the petitioner failed to meet at least three of six regulatory criteria for exceptional ability under the EB-2 classification, rendering NIW analysis unnecessary.

An entrepreneur and fiscal analyst sought NIW with exceptional ability classification. AAO dismissed because petitioner failed to meet three of six exceptional ability criteria; underlying EB-2 classification not established, making NIW analysis unnecessary.

An environmental manager with advanced degree seeks NIW for environmental sustainability and compliance company. Claimed alignment with federal environmental initiatives and national importance. AAO dismissed appeal, finding specific proposed endeavor lacks national importance; general field importance and unsupported revenue projections insufficient to demonstrate broader implications or substantial economic impact.

IT education entrepreneur sought EB-2 NIW classification. Petitioner claimed substantial merit and national importance of his proposed business venture. AAO found the specific proposed endeavor lacked sufficient prospective impact, broader implications, employment potential, or economic effects to demonstrate national importance, dismissing the appeal.

Cybersecurity engineer sought NIW as EB-2 advanced degree professional. AAO found proposed consultancy has substantial merit but lacks national importance because record fails to show specific endeavor's prospective impact of national scope or scale.

Commercial manager sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed commercial strategy endeavor under Dhanasar framework; evidence showed only personal or employer-specific benefit.

Advanced degree professional sought EB-2 with NIW for business executive and educator role. AAO dismissed because petitioner failed first Dhanasar prong: no evidence that proposed endeavor has national importance or substantial positive economic effects commensurate with waiving job offer requirement.

Interior design firm petitioned for founder/principal designer claiming EB-1A extraordinary ability. Met no initial three criteria: awards, judging, original contributions, and salary all failed. Prior O-1B approvals did not override stricter immigrant standards. Final merits analysis found insufficient acclaim for top percentage status.

A high school mathematics teacher seeking EB-2 with national interest waiver for developing online lesson plans with adaptive learning. Initially approved, then revoked. AAO dismissed on de novo review, finding the endeavor lacked national importance as it only impacted the petitioner's classroom without broader field implications.

Administrative services manager sought NIW for EB-2 to operate motor vehicle maintenance and repair shop. AAO dismissed appeal; proposed endeavor lacks national importance despite projected employment; does not differ from countless other automotive service businesses nationwide.

International business manager in supply chain consulting seeks NIW based on EB-2 advanced degree or exceptional ability. AAO affirmed denial: substantial merit shown but national importance not established; specific endeavor lacks broader economic impact beyond company clients and employees.

Interior design business petitioned for senior interior designer O-1A nonimmigrant classification. AAO affirmed dismissal finding beneficiary met only published materials and recognition criteria; did not satisfy three-criterion threshold; petitioner also lacked valid U.S. employer status.

An artist with exceptional ability sought EB-2 with NIW for environmental and wildlife art using recycled materials. The AAO affirmed denial, finding her specific proposed endeavor lacked national importance despite artistic merit. Letters addressed the field generally without explaining her particular work's broader implications.

Plastic surgeon claimed extraordinary ability under EB-1A, citing awards, association membership, and professional standing. AAO found he was nominated but did not receive the primary award and failed to establish that his association required outstanding achievements judged by recognized experts. Record lacked evidence of sustained national acclaim requisite for the classification.

Nursing professional with bachelor's degree sought EB-2 NIW as nurse practitioner. AAO dismissed appeal, finding petitioner failed to establish five years of progressive post-baccalaureate experience as nurse practitioner; thus ineligible for underlying EB-2 and NIW not reached.

Personal finance and entrepreneurship consultant with advanced degree sought national interest waiver for EB-2 classification. AAO found substantial merit for proposed endeavor but dismissed appeal because petitioner failed to establish national importance; specific consulting services lacked broader field impact or sufficient economic effects beyond direct clients.