Published AAO appeal decisions

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.

A general operations manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance under Dhanasar; benefits are limited to individual clients without broader implications to the field or economy.

A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

A consultant sought EB-2 with NIW. The AAO affirmed denial because the petitioner did not establish an advanced degree equivalent through proper academic records, only submitting diploma and educational evaluation letters. The decision did not reach NIW analysis.

An entrepreneur seeking EB-2 classification with NIW for a drop-shipping cotton towel and clothing business claimed the endeavor has national importance based on articles about immigrant entrepreneurship and economic growth. The AAO dismissed the appeal, finding the petitioner failed to establish that the specific proposed endeavor would have substantial prospective impact or extend beyond serving individual company clients to affect the field nationally.

A dental surgeon sought EB-2 classification with national interest waiver for a dental health and wellness business. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of substantial merit and national importance under Dhanasar; articles about the industry did not demonstrate the specific business would impact the field broadly.

A pilot seeking EB-2 NIW to work in aviation claimed his endeavor has substantial merit and national importance. AAO held that while the aviation industry is important, the pilot's specific proposed work lacks demonstrated national importance and broader field impact.

A wellness consultant sought EB-2 NIW without submitting translated degree transcripts and claiming her consultancy firm would advance national wellness. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would only benefit clients and trainees locally, not impact the field broadly.

Business strategist seeks EB-2 NIW. AAO sustained appeal dismissing petition because proposed endeavor lacks national importance despite claimed global implications. Decision notes specific endeavor impact determines national importance, not field importance.

A management specialist seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor. Although the petitioner is well-positioned to advance it, the evidence does not show broader impacts on the field or substantial positive economic effects at national level.

Self-employed entrepreneur in janitorial services sought EB-2 exceptional ability classification and national interest waiver. AAO held petitioner failed to establish exceptional ability, lacking three of six required criteria including relevant advanced degree, ten years documented experience, and professional association membership.

Entrepreneur in industrial furniture manufacturing seeking EB-2 exceptional ability and NIW. Claimed four exceptional ability criteria. AAO found petitioner met ten-year experience criterion but failed high salary and professional membership criteria; client satisfaction letters did not demonstrate industry recognition. Appeal dismissed; NIW prongs not addressed.

An entrepreneur and swim instructor sought EB-2 national interest waiver claiming exceptional ability. The AAO found the petitioner met only one of six required exceptional ability criteria. Without establishing EB-2 eligibility, the AAO dismissed the appeal and reserved the Dhanasar prongs without discussion.

A filmmaker sought EB-2 classification with a national interest waiver for operating a content production company addressing social issues. The AAO dismissed the appeal, finding the endeavor lacks national importance despite substantial merit; it benefits only the petitioner's immediate employer and clients without broader implications for the documentary filmmaking field.

Bilingual educator with master's degree in education innovation sought EB-2 with NIW to continue K-12 work and develop STEAM curricula. AAO held she qualified for EB-2 but failed first Dhanasar prong: proposed endeavor lacked national importance despite substantial merit, lacking prospective impact beyond direct students.

A physical therapist with advanced degree sought EB-2 NIW to establish a home health care company in Florida. The AAO dismissed because the proposed endeavor lacked national importance despite industry labor shortage; mere field shortages cannot establish national significance.

Human rights attorney sought EB-2 with national interest waiver. While demonstrating exceptional ability and current human rights work, petitioner failed to articulate a specific future endeavor with substantial merit and national importance under Dhanasar. Continuing employment in current position does not constitute sufficient proposed endeavor.

A consultant seeking EB-2 classification and national interest waiver for a small business development endeavor in economically disadvantaged cities. The AAO dismissed the appeal, holding the proposed endeavor lacks the national importance required under Dhanasar's first prong, as the petitioner did not demonstrate substantial positive economic effects or significant job creation potential.

Self-petitioner actuary and insurance underwriter seeking EB-2 NIW for contingency insurance and underwriting firm targeting sports, leisure, and entertainment industries. AAO found no national importance; petitioner's experience and industry reputation do not establish that endeavor rises to level of national importance required under Dhanasar.

Pilot and aviation instructor seeks NIW citing pilot shortage in airline industry. AAO held endeavor has substantial merit but lacks national importance; training effects on individual students insufficient to impact field broadly. First prong failure dispositive.

Systems analyst from Brazil claimed national interest waiver for EB-2 IT solutions business. AAO held he did not establish advanced degree equivalency or five years progressive experience in specialty, thus failing underlying EB-2 requirement; NIW analysis not reached.

Accountant and professor sought NIW as EB-2 advanced degree professional to operate management consulting business. AAO dismissed because generalized assertions about profitability and job creation lack corroborating evidence showing endeavor extends beyond client base to benefit field; insufficient economic impact demonstrated.

Personal financial advisor and entrepreneur sought EB-2 national interest waiver. AAO found petitioner failed to qualify as advanced degree professional and that proposed financial advisory business lacked demonstrated national importance because it would not generate substantial economic effects or impact the finance industry broadly.

An HVAC business owner sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show an advanced degree and met only one of six exceptional ability criteria, so the waiver question was reserved.