Published AAO appeal decisions

Commercial pilot seeking EB-2 NIW claimed his proposed endeavor had national importance based on industry demand and labor shortages. The AAO dismissed the appeal, finding no evidence that his specific endeavor would significantly reduce shortages or impact his field broadly beyond his employers and clients.

A driving school owner sought EB-2 NIW classification claiming exceptional ability. The AAO dismissed the appeal because the proposed endeavor lacked national importance, showing only local business success without broader impact on the driving safety field or economy.

Electrical project engineer with advanced degree seeking EB-2 and NIW for manufacturing consulting work. Director found substantial merit but not national importance. AAO affirmed that petitioner's proposed work would benefit only her employer or clients, lacking broader industry implications or substantial positive economic effects for the nation.

CEO and entrepreneur sought EB-2 national interest waiver for construction company. Petitioner cited HUBZone certification, direct and indirect employment projections, and economic enhancement claims. AAO held the record lacked sufficient evidence of prospective economic impact or national importance of the specific endeavor beyond general industry benefits.

A project manager with chemistry and MBA degrees sought EB-2 NIW classification to advance construction project management methodologies. The AAO found no sufficient evidence of national importance for the proposed endeavor. Second and third prongs were not reached. Appeal dismissed.

Commercial specialist with advanced degree seeks EB-2 NIW classification. Petitioner met advanced degree professional standard but failed national importance prong of Dhanasar framework. Decision held that past achievements improving single employer's operations do not demonstrate broader field impact or national-level implications required for NIW.

An accountant in financial services sought EB-2 NIW based on proposing AI-driven credit risk assessment research for Treasury Department. The AAO found the proposed endeavor had substantial merit but lacked national importance because it would not extend beyond work with a single government entity to impact the field broadly.

An auto repair entrepreneur claimed exceptional ability through three regulatory criteria and sought a national interest waiver. The AAO affirmed dismissal, finding the degree unrelated to auto repair, insufficient ten-year experience evidence, and no demonstrated expertise significantly above the field, failing the prerequisite exceptional ability test.

A CEO of a specialty lighting company seeking to expand consulting services in commercial management, partnership enablement, and export consulting claimed a national interest waiver. The AAO found substantial merit but rejected national importance because the company would serve only specific clients without broader implications for the industry or U.S. economy.

CEO sought EB-2 exceptional ability with national interest waiver. AAO held petitioner met only one of six regulatory criteria for exceptional ability; failed to establish ten years experience, relevant licensure, comparative salary evidence, qualifying membership, or achievements; could not proceed to NIW analysis.

Commercial pilot sought EB-2 with national interest waiver. AAO held petitioner lacked requisite advanced degree or bachelor's degree equivalent and failed to demonstrate national importance of proposed work as pilot and instructor, lacking evidence of industry-wide impact.

Entrepreneur with nursing background in medical device sales seeks NIW. Claimed medical sales endeavor has national importance despite prior success and field contributions. AAO dismissed, finding no showing of broader field implications, scientific advancement, or substantial economic effects beyond direct service recipients.

Environmental consultant with advanced degree sought NIW for EB-2. First prong established but failed second prong: no demonstrated environmental consulting skills, business formation steps, or evidence of customer interest despite business plan and language fluency. Appeal dismissed.

An obstetric nurse sought EB-2 NIW status to operate a doula and midwifery practice. The AAO found her advanced degree qualification was established but the proposed endeavor lacked national importance under Dhanasar because her work would only benefit direct clients, not the field broadly, and her stated innovations were too vague.

An information security analyst sought EB-2 with NIW based on advanced degree status and proposed endeavor. The AAO dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification; foreign credential evaluation lacked probative value and did not demonstrate equivalency to U.S. bachelor's degree, so NIW analysis was not reached.

Entrepreneur in wallpaper industry seeking EB-2 NIW presented inconsistent proposed endeavors: wallpaper business and finance treasurer role. The AAO dismissed the appeal because petitioner failed to consistently describe the specific proposed endeavor, preventing assessment of substantial merit and national importance.

An accountant with advanced degree sought EB-2 NIW to expand an accounting firm serving multilingual communities across Massachusetts, Florida, and Georgia. The AAO dismissed because serving individual clients lacks national importance; projected eighteen employees and profits insignificant relative to the 144.5-billion-dollar industry.

Entrepreneur in accounting/business qualified as advanced degree professional but failed NIW. Motion to reopen and reconsider dismissed because Petitioner offered previously submitted arguments without new evidence showing national importance or substantial positive economic effects.

A water polo coach sought EB-2 NIW to establish a water polo club in Georgia. The AAO found the endeavor had substantial merit but lacked national importance because projected employment of one coach and modest revenue did not demonstrate significant economic impact or broader field implications.

A financial manager consultant claimed EB-2 classification as individual of exceptional ability and sought NIW. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability; she did not meet three criteria and lacked expertise significantly above ordinary levels in her field.

Entrepreneur in finance seeks EB-2 NIW to establish independent financial advisory firm. Petitioner claimed substantial merit and national importance but provided conflicting descriptions of the proposed endeavor across petition, business plan, and appeal brief. AAO dismissed appeal because inconsistencies preclude establishing that the endeavor has substantial merit and national importance.

Healthcare lobbying specialist in Brazil seeks EB-2 NIW. Claimed STEM field designation and pharmaceutical economics focus establish national importance. AAO dismissed, finding proposed endeavor lacks prospective impact on industry or economy beyond client work; STEM designation alone insufficient without demonstrated broader field impact.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

A pastor sought NIW classification for a pastoral counseling firm in Pennsylvania. The applicant claimed substantial social and cultural value. The AAO found the endeavor had substantial merit but lacked national importance, finding no evidence of broader field impact, job creation potential, or substantial economic effects beyond specific clients.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.