Published AAO appeal decisions

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

Financial analyst sought EB-2 NIW classification. AAO dismissed fourth motion to reopen and reconsider, finding petitioner failed to establish exceptional ability qualification underlying the NIW petition and did not demonstrate prior decision was legally erroneous.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

A pharmaceutical researcher with advanced degree seeking EB-2 classification and national interest waiver for nanotechnology drug delivery research targeting cancer and HIV. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor advances federal priorities, petitioner well-positioned through expertise and proven success, and waiver benefits U.S. public health.

A software engineer seeks EB-2 with national interest waiver to develop a secure video conferencing platform with AI-assisted features. He claimed the endeavor would drive economic growth and innovation but provided no evidence of national importance or broader industry impact. The AAO affirmed dismissal of the appeal.

A digital marketing business consultant and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The AAO disagreed with the service center that three criteria were met, finding none of the first five satisfied, and declined to reach the sixth, the final merits, or the Dhanasar framework.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

Cybersecurity specialist seeks NIW to establish consulting company as CEO. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor, lacking evidence the company would operate at scale or have broader implications for cybersecurity industry despite cybersecurity being government priority.

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.

Bacteriologist and clinical analyst claimed an NIW for consulting and entrepreneurial work in healthcare. AAO found the proposed endeavor had substantial merit but lacked national importance because it was limited to one company's clients and evidence did not show government interest, funding, or broad sectoral implications.

An early childhood and special education teacher sought EB-2 classification as an individual of exceptional ability, plus a national interest waiver. The AAO dismissed the appeal, finding that the membership and recognition criteria were not met and that expertise significantly above the norm was not shown, and reserved the waiver question.

A mechanical engineer and postdoctoral researcher sought NIW for research on catalysts for fuel cells and batteries. AAO found all three Dhanasar prongs satisfied: proposed research has national importance for U.S. competitiveness, petitioner is well positioned to advance it, and waiver benefits the United States.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

Construction manager and entrepreneur sought EB-2 NIW classification. AAO affirmed denial, finding petitioner did not establish exceptional ability or meet sufficient evidentiary criteria. National interest waiver issue not addressed because petitioner ineligible for underlying classification.

Hospitalist physician with medical degree and research expertise in vascular diseases sought NIW for clinical research on peripheral arterial disease. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to United States.

An assistant professor of criminology seeking EB-2 with NIW to conduct research on combating human trafficking claimed substantial merit and national importance. The AAO found substantial merit but insufficient evidence that the specific research endeavor would impact national response to trafficking at the required level.

A social and community service manager and entrepreneur sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish that her proposed endeavor had national importance under Dhanasar's first prong, focusing on broader prospective impact rather than industry or profession importance.

Senior software engineer for digital entertainment company seeks EB-2 with NIW. Petitioner established substantial merit but failed to show national importance. Decision held that work maintaining secure payment platforms for single company, despite STEM context and field importance, lacks prospective impact of national significance.