Published AAO appeal decisions

An anti-corruption and investigations specialist sought EB-2 with national interest waiver for police department work. The AAO dismissed the appeal, finding the petitioner ineligible for the underlying EB-2 classification and that the proposed endeavor lacked national importance under Dhanasar's first prong.

Entrepreneur in real estate construction sought EB-2 NIW. Director found advanced degree but denied waiver. AAO affirmed: proposed endeavor had merit but lacked national importance; expanding company and creating jobs in affordable housing insufficient to demonstrate prospective impact beyond petitioner's own operations.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.

Dentist qualified as EB-2 advanced degree professional but sought national interest waiver. AAO dismissed appeal, finding her proposed endeavor to practice dentistry lacked national importance; individual dental practice benefits patients and employer but lacks broader national prospective impact.

A legal consultant qualified for EB-2 advanced degree seeks NIW to own and operate legal consulting company serving clients in Brazil. AAO found petitioner failed Dhanasar first prong; proposed business lacks national importance and general business administration generalizations insufficient to demonstrate specific endeavor impact.

Industrial engineer seeking NIW for SAP consulting business in Georgia. Submitted evidence regarding IT industry and ERP importance, but failed to demonstrate that the specific proposed endeavor would have nationally important impact beyond general field relevance.

A freight company owner sought EB-2 advanced degree classification and national interest waiver. USCIS found her qualified for EB-2 but the AAO held her proposed freight business lacked national importance under Dhanasar's first prong; business plan projections were insufficient to demonstrate significant economic or employment impact beyond the company.

Security manager self-petitioned for EB-2 NIW. AAO affirmed denial, finding proposed security endeavor had substantial merit but lacked national importance; applicant's personal expertise and experience relate to second prong, not the endeavor's prospective impact.

Security management specialist-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial of waiver. While finding substantial merit, AAO held endeavor lacked national importance; no corroborating evidence of broad economic or industry impact.

An IT consultant proposed establishing a consulting business and sought NIW for EB-2 as advanced degree holder. AAO dismissed appeal, finding the proposed venture had substantial merit but lacked national importance because it would not affect the broader IT field.

A film content creator sought NIW for EB-2 as individual of exceptional ability. AAO dismissed appeal because petitioner met only one of six required criteria for exceptional ability, failing to establish underlying EB-2 eligibility; NIW Dhanasar prongs reserved.

Entrepreneur in industrial electronics sought exceptional ability classification and national interest waiver. AAO upheld director's finding that petitioner did not establish exceptional ability despite meeting three of six criteria; qualifications typical for average IT services provider. Did not address national interest waiver prongs as underlying EB-2 ineligibility was dispositive.

An artificial intelligence researcher with a master's degree seeks NIW for research on machine learning techniques for privacy and autonomous model updating. Claimed all three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance, petitioner is well-positioned through publications and patents, and waiving job offer would benefit U.S. technological advancement.

Volleyball coach and former athlete seeks EB-1A extraordinary ability classification. Petitioner met four initial criteria but failed final merits analysis. AAO held petitioner lacked sustained national or international acclaim as coach and did not demonstrate top-tier achievement in coaching career.

Pharmaceutical logistics consultant seeks EB-2 national interest waiver for proposed endeavor improving clinical trial operations. AAO affirmed director's finding that petitioner failed to establish national importance; specific endeavor lacked sufficient detail and supporting evidence of economic impact beyond regional clients.

Civil engineer with advanced degree seeking EB-2 NIW. Although qualified for underlying EB-2 classification, petitioner failed to establish national importance of proposed endeavor; typical occupational duties and industry importance insufficient to meet Dhanasar first prong.

Attorney sought self-petitioner NIW as legal consultant assisting multinational companies in U.S.-Brazil business negotiations. Claimed national importance through economic and trade relationship benefits. AAO found substantial merit but rejected national importance because petitioner failed to demonstrate her specific endeavor would have broader implications beyond general importance of U.S.-Brazil trade.

A petitioner sought EB-2 classification with a national interest waiver. The Director found the first Dhanasar prong met but denied under the second prong because key evidence postdated filing. The AAO summarily dismissed the appeal because the brief did not address or challenge the Director's stated basis for denial.

A marketing manager and entrepreneur sought NIW for a marketing services company claiming economic impact and job creation. AAO held proposed endeavor lacked national importance because petitioner did not demonstrate how her specific company would sufficiently impact the industry or economy beyond prospective clients.

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

Materials engineer entrepreneur seeking EB-2 with national interest waiver for interior design business claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding no evidence of broader industry implications or substantial economic effects; projected eight hires insufficient.

An entrepreneur proposing affordable transportation solutions sought EB-2 with national interest waiver. The AAO dismissed the appeal because the petitioner inconsistently described the proposed endeavor between the initial petition and RFE response, preventing meaningful Dhanasar analysis.

Legal professional holding advanced degree sought national interest waiver. Director found substantial merit but not national importance of initial endeavor. Petitioner submitted new endeavor in RFE response; AAO rejected it as material change and evaluated only initial endeavor (general legal practice), which lacked national importance. Appeal dismissed.

A pastor, religious education director and musician sought an EB-2 classification with a national interest waiver to start a church-based ministry and recovery programs. The AAO found she lacked the required post-baccalaureate experience for EB-2 and that her endeavor lacked national importance, dismissing the appeal on both independent grounds.

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.