Published AAO appeal decisions

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

A scientist with advanced degree sought waiver to develop sensor technology reducing heavy metal poisoning. The AAO affirmed dismissal because the petitioner materially altered the proposed endeavor between initial filing and RFE response, creating inconsistency that prevented analysis of national importance.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

A clinical nurse specialist proposed home healthcare business citing national nursing shortage and claiming ripple effects on U.S. healthcare. The AAO held that field importance does not establish national importance of the specific endeavor; her proposed company would lack substantial economic impact beyond regional or company-level operations.

Physician in fetal medicine/OB-GYN seeking NIW for EB-2. Claimed national importance through field importance articles and AMA economic impact study. AAO dismissed, finding physician failed to demonstrate national importance of specific endeavor or improvements over existing methodologies.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

Attorney sought EB-2 advanced degree or exceptional ability classification with NIW. Director denied motion to reconsider without establishing new legal analysis. AAO dismissed appeal holding director properly followed procedural requirements for motion denial.

A human resources professional and entrepreneur sought national interest waiver for EB-2. AAO dismissed, finding her proposed HR consulting endeavor, while benefiting her clients, lacks national importance and substantial positive economic effects at regional or national level.

Industrial machinery mechanic proposing fuel pellet manufacturing business seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, finding proposed endeavor lacked national importance because applicant failed to show how his specific business would have broader implications in the field.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

An entrepreneur seeking to establish dispatch and delivery services between the US and Eastern Europe claimed a national interest waiver. The AAO affirmed dismissal, finding the proposed endeavor lacked national importance, being confined to the applicant's company without demonstrating broader industry impact or substantial economic effects.

An IT consulting CEO proposed establishing a company in a HUBZone claiming national importance through employment projections and revenue generation. The AAO held the specific endeavor lacks national importance because it would only benefit prospective customers and employees; employment and tax projections alone do not establish substantial economic effects at national level.

Financial manager sought EB-2 NIW. AAO held the proposed endeavor lacked national importance because it would not impact the financial field broadly and lacked significant potential for U.S. employment or substantial economic effects. Appeal dismissed.

A cosmetologist seeking EB-2 classification with NIW claimed substantial merit and national importance for her proposed endeavor. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of her proposed work, which lacked broader implications beyond personal practice.

A product administrative support coordinator in finance sought EB-2 classification with NIW for a credit union financial consulting firm. The AAO dismissed the appeal because the proposed endeavor lacked national importance; financial projections were unsupported and broader implications were not established.

A general and operations manager in manufacturing sought EB-2 exceptional ability and NIW. AAO dismissed, finding he satisfied only two of six regulatory criteria, falling short of the three required; NIW prongs reserved.

Sustainability specialist sought EB-2 with national interest waiver. He claimed work helping companies become sustainable would address climate change and create jobs. AAO dismissed because the proposed endeavor lacked sufficient evidence of national importance; general assertions about economic impact without concrete corroboration were insufficient.

Geoscientist and data scientist holding advanced degree seeking NIW. Petitioner proposed climate and groundwater modeling research with potential government decision-making and sustainability benefits. AAO held proposed endeavor lacks national importance despite field relevance; supporting letters addressed petitioner's qualifications, not endeavor's broader impact or employment potential.

Marketing professional with advanced degree sought EB-2 national interest waiver for a proposed digital platform connecting investors and property services. AAO dismissed the appeal, holding the petitioner failed to provide sufficient detail about the specific proposed endeavor to establish substantial merit and national importance.

Nurse proposed healthcare startup for elderly and sought EB-2 NIW. AAO dismissed because petitioner lacked required advanced degree and failed exceptional ability criteria, and proposed endeavor lacked national importance under Dhanasar framework.