Published AAO appeal decisions

Accountant and finance professional with advanced degree sought NIW for independent financial consulting and advisory firm. AAO held petitioner established substantial merit but failed to demonstrate national importance because his endeavor lacks evidence of significant U.S. job creation or substantial economic effects.

An entrepreneur seeking EB-2 national interest waiver to manage a water purification company. AAO held the proposed endeavor lacks national importance because evidence addressed the importance of the water treatment industry generally, not the specific business venture proposed.

A trucking entrepreneur sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit in the proposed business but no national importance. The applicant failed to document financing capability, realistic employment potential, or broader field implications.

Personal trainer sought NIW for EB-2 classification as advanced degree professional or exceptional ability. AAO dismissed appeal, finding proposed master personal training services lack national importance under Dhanasar because benefits would be limited to her clients at one studio without broader industry or economic impact.

An operations manager with foreign bachelor's degree sought EB-2 national interest waiver. The AAO dismissed because she lacked required advanced degree and her proposed endeavor—improving financial practices at one employer—lacked national importance absent evidence of broader industry or economic impact.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

An IT consultant entrepreneur sought EB-2 and NIW. AAO dismissed appeal, finding the proposed IT consulting business lacks national importance despite the field's relevance to national security and growth. Applicant provided insufficient evidence of broader field impact or substantial economic effects.

Commercial airline pilot sought EB-2 NIW for pilot services. AAO held petitioner lacks exceptional ability under underlying EB-2 classification and did not establish endeavor national importance. Appeal dismissed.

Architectural engineer sought EB-2 with national interest waiver, claiming high demand for expertise and infrastructure development contributions. AAO dismissed appeal, finding petitioner failed to articulate specific endeavor with national importance; past accomplishments and industry importance of field were insufficient.

Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal dismissed.

Financial manager seeking EB-2 NIW to start entrepreneurial financial management company. AAO held revised endeavor materially different from initial proposal, creating ambiguity, and lacks evidence showing how hiring plan and operations would achieve national importance level required by Dhanasar framework.

Nurse with advanced degree seeks EB-2 NIW for direct patient care or home health service venture. AAO affirmed denial because proposed endeavor lacks national importance; expert nursing services and industry shortage claims do not demonstrate impact beyond specific employer or region.

Airline pilot sought EB-2 classification with NIW. AAO dismissed the appeal because petitioner failed to establish exceptional ability under EB-2 standards; threshold EB-2 eligibility was not met, making NIW analysis unnecessary.

A supply chain specialist sought national interest waiver for a proposed independent venture. The AAO dismissed, finding the endeavor lacks national importance because it would benefit only her clientele without extending to broader regional or national economic effects, despite her qualifications.

Environmental manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor in occupational health and safety; submitted generic evidence without connecting to broader field implications.

Elementary school teacher and entrepreneur with Brazilian education degree sought EB-2 classification for exceptional ability and NIW. Although she met three of six evidence criteria, AAO held her evidence did not establish expertise significantly above ordinarily encountered in her field, lacking demonstration of distinguished contributions or achievements beyond employers and students.

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Mechanical engineer seeks NIW for project management work through established company. AAO found EB-2 advanced degree eligibility unestablished due to unclear concurrent employment and insufficient experience documentation. Also held proposed endeavor lacks national importance without evidence of broader industry or supply chain impact.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

Food scientist with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner qualified as advanced degree professional but failed to demonstrate proposed endeavor has national importance because specific research plans lack corroboration and projected economic impact remains unsubstantiated.

A fitness specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he met only three of six evidentiary criteria but lacked the degree of expertise significantly above ordinary for his field.

Residential advisor with master's degrees seeks EB-2 NIW to establish and direct residential life office at university. AAO found endeavor has substantial merit but not national importance; proposed job creation and institutional benefits insufficient to demonstrate substantial positive economic effects at national level.

Computer systems manager with 10+ years experience and bachelor's in computer science sought NIW for EB-2. Proposed to start business creating 84 jobs with five-year revenue projections. AAO dismissed because business plan lacked evidence that national importance threshold was met; job creation and wages alone do not establish prospective impact on IT industry.

An entrepreneur holding advanced degree seeks an NIW for EB-2 to operate a hydraulic equipment distribution company as sole distributor in Florida. The AAO dismissed because his specific endeavor lacks national importance; no evidence demonstrates prospective impact beyond company operations, significant job creation potential, or substantial positive economic effects at regional or national level.

Chief technology officer with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.