Published AAO appeal decisions

Paralegal seeks EB-2 exceptional ability classification and NIW. AAO dismissed appeal, finding petitioner did not establish exceptional ability, meeting only two of six required criteria. Failure to qualify for underlying EB-2 classification rendered NIW analysis unnecessary.

Data scientist seeking NIW for EB-2 classification. AAO affirmed dismissal because proposed endeavor lacks national importance; while substantial merit established, petitioner's work benefits only current employer with no demonstration of innovations or impact extending beyond employer's business interests or clients.

Machine learning engineer employed at social media company seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite working in valuable AI field; petitioner's specific work on user engagement lacks broader implications. Appeal dismissed.

An engineer with a master's degree sought EB-2 classification with national interest waiver for research on enhancing concrete strength using wastewater byproducts. The AAO dismissed, finding the proposed endeavor lacks national importance: it remains confined to a single employer with no demonstrated broader implications for the field or nation.

Contact center entrepreneur seeks NIW to operate call center service provider. AAO dismissed appeal, finding petitioner did not establish national importance of proposed endeavor. While services may benefit government clients, they lack innovation or evidence of broader industry impact or economic significance beyond company and direct clients.

Neuroscience researcher with Ph.D. seeks EB-2 self-petition with NIW for research on Alzheimer's and ataxia mechanisms using stem cells. AAO found all three Dhanasar prongs met: research has national importance with broader implications, petitioner well-positioned with advanced degree and track record, and waiver benefits U.S. given urgent medical need.

A network security architect employed by an IT services company sought EB-2 NIW classification. The petitioner proposed developing network architecture solutions addressing cyber threats but failed to establish national importance. The AAO held that personal expertise and industry significance do not substitute for demonstrating the specific endeavor's prospective national impact.

Automobile company petitioned for enterprise connectivity systems engineer beneficiary with master's degree, EB-2 advanced degree professional with NIW. AAO upheld denial, finding proposed work lacks national importance beyond employer; focused on specific endeavor, not field importance.

A telecommunications CEO and entrepreneur sought an EB-2 classification with a national interest waiver, planning a company to deploy telecom infrastructure in rural and underserved areas. The AAO dismissed the appeal because the endeavor's benefits were too attenuated to show national importance, and it did not reach the other prongs.

An attorney with advanced degree sought EB-2 NIW for providing international law consulting in foreign investment and trade. The AAO found the endeavor lacked demonstrated national importance as it would not sufficiently extend beyond the petitioner's clients to impact the field or economy broadly, thus failing the first Dhanasar prong.

Musician and teacher with advanced degree claimed an NIW for music education and cultural projects. AAO rejected the waiver because the proposed endeavor lacked national importance; teaching music individually, without demonstrated broad economic or sectoral impact, does not meet Dhanasar's threshold.

Electrical engineer proposing specialized consulting company seeking EB-2 with NIW. AAO affirmed underlying EB-2 eligibility but dismissed appeal, finding proposed endeavor lacks national importance despite focus on modernization and sustainability.

Logistics management consultant seeking EB-2 NIW for supply chain and trade consulting work. AAO dismissed appeal; petitioner failed to demonstrate national importance despite claims about supply chain resilience and Brazil trade relations, as projections showed only 15 employees versus industry baseline of 13.3 million.

A product development manager and entrepreneur with advanced degree seeking EB-2 classification and national interest waiver. Abandoned initial proposed endeavor after RFE and presented alternative without sufficient development. AAO held inconsistent endeavor presentation prevented meaningful Dhanasar analysis and failed first prong requiring substantial merit and national importance.

An employer petitioned for an EB-2 national interest waiver for a strategic project manager. The AAO found the petitioner was not qualified as an advanced degree professional due to insufficient undergraduate credentials, and the proposed endeavor lacked demonstrated national importance beyond the specific business and its clients. Appeal dismissed.

A biomedical researcher with a PhD in immunology sought EB-2 NIW classification for research on genome and protein engineering. The AAO agreed he met EB-2 requirements but found his specific proposed endeavor lacked national importance despite involving critical emerging technologies, as expert letters discussed his field generally, not his particular research.

A petitioner seeks EB-2 NIW to operate a Florida-based financial literacy education company for K-12 schools. Petitioner established advanced degree eligibility but failed to demonstrate national importance despite general significance of financial education field and modest projected job creation.

Mathematics teacher seeking EB-2 with national interest waiver. Petitioner claimed her work addresses STEM teacher shortages and supports educational priorities. AAO found the specific proposed endeavor lacks national importance because its impact remains confined to her students and employer, not extending to the education field broadly.

Urban planner sought NIW under EB-2 to start consulting company for sustainable modular housing and disaster relief. AAO found substantial merit but dismissed because petitioner did not establish national importance, failing to show how his services would impact the industry beyond local scope.

An airline pilot sought EB-2 classification with a national interest waiver to work as a pilot and ground instructor. The AAO dismissed the appeal because the petitioner failed to establish that his proposed endeavor addressing pilot shortage had substantial merit or national importance; support letters remained too vague about prospective impact.

Financial services institution sponsored employee for EB-2 with NIW. AAO dismissed appeal, holding that organizational importance does not establish national importance of the individual's specific proposed endeavor and that services would not extend beyond internal users.

A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Business management and marketing specialist with master's degree in MBA sought EB-2 NIW for substance abuse prevention consulting company. SCOPS approved advanced degree qualification. AAO found services did not extend beyond individual clients to impact field broadly, lacked innovation, and insufficient job creation or economic benefit.

A real estate and urban development entrepreneur sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, finding fewer than three of the six regulatory criteria met, and reserved the final merits and Dhanasar questions as unnecessary to decide.

Advanced degree professional seeks NIW for business endeavor supporting small and medium-sized enterprises. Claimed alignment with U.S. government initiatives and economic benefits would establish national importance. AAO found vague assertions without specific details or probative evidence of broader industry impact; merely working in important field insufficient without demonstrating specific endeavor's national importance.