Published AAO appeal decisions

A business professional sought EB-2 classification with national interest waiver for a business plan emphasizing employment creation and economic growth in a depressed area. The AAO dismissed the appeal, finding substantial merit but rejecting national importance; the endeavor's benefits were regional, not national, and did not address the field broadly.

Industrial engineer seeking EB-2 NIW claimed his engineering firm endeavor had national importance. The AAO affirmed dismissal, finding the endeavor lacked requisite national importance despite substantial merit. Changing role descriptions and absence of prospective broader field impact precluded waiver.

Entrepreneur seeking NIW as person of exceptional ability for B2B international trade consulting startup. Submitted industry reports, business plan projecting 48–272 employees, and advisory opinions. AAO dismissed, finding the specific consulting endeavor lacks national importance beyond direct client and employee impacts despite substantial merit.

A Colombian pilot claimed exceptional ability under EB-2 and a national interest waiver. The AAO withdrew the Director's finding that he met the licensing and professional association criteria, and found his overall expertise did not exceed ordinary pilot competency. The waiver claim was not addressed.

A business administrator seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of the proposed endeavor under Dhanasar's first prong. General statements about business field importance and prospective economic benefits do not demonstrate the specific endeavor has substantial positive national impact.

Information technology professional sought national interest waiver to start consulting company in Florida. AAO held proposed endeavor has substantial merit but lacks national importance; projected revenue and job creation do not demonstrate substantial positive economic effects or broader field impact at national level.

Lawyer seeks NIW for financial literacy consulting business targeting Latino community. Petitioner claimed endeavor addresses nationally important financial literacy gap. AAO dismissed, finding proposed service lacks national importance as it would only benefit individual clients without broader field implications.

Entrepreneur seeking EB-2 national interest waiver for supply chain management business. Claimed endeavor would shorten industrial processes and increase productivity. AAO held endeavor had substantial merit but lacked demonstrated national importance under Dhanasar framework; projected revenues and employment lacked sufficient corroboration and failed to show impact beyond immediate business operations.

Industrial management graduate sought EB-2 exceptional ability classification and national interest waiver to own and operate trucking company. Petitioner met only two of required three evidentiary criteria: degree and membership. AAO affirmed commercial driver's license does not satisfy profession license criterion and tax returns did not demonstrate comparative exceptional ability in salary.

Startup incubator director seeks EB-2 advanced degree and national interest waiver for entrepreneurial endeavor mentoring startups and STEM outreach. AAO held proposed work lacks sufficient demonstrated national importance; impact too limited to direct clientele and insufficient evidence of broader field influence.

Insurance sales agent and entrepreneur sought NIW under EB-2 based on exceptional ability. AAO dismissed appeal; though endeavor had substantial merit, petitioner failed to show national importance or broader implications beyond company and clientele despite field industry importance.

An industrial and refrigeration maintenance technician with an advanced degree sought a national interest waiver for self-employment. The AAO found his proposed endeavor lacked national importance, affecting only individual clients without broader field impact. The remaining Dhanasar prongs were not reached.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

A board-certified gastroenterologist with 22 years of experience sought extraordinary ability classification. The AAO found he met only two of ten criteria. The appeal was dismissed because he failed to meet the three-criterion threshold required for initial eligibility.

An accountant seeking to establish a financial consulting company focused on IFRS compliance and strategic planning claimed a national interest waiver. The AAO found substantial merit in the endeavor but rejected national importance because the business would serve only individual clients without broader impact on the field or economy.

Financial consultant and entrepreneur seeks NIW to establish consulting business. AAO held endeavor lacks national importance; business plan, credentials, and industry reports do not demonstrate prospective impact beyond petitioner's own business and clientele. First prong failure dispositive.

An economist seeking EB-1A extraordinary ability classification met initial evidentiary threshold but lacked sustained national or international acclaim. AAO reversed Director's finding on leading role criterion, found petitioner failed to meet three criteria, and held evidence insufficient for final merits determination of top-tier status; appeal dismissed.

A bioengineer and prosthetics researcher sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding she failed to establish a U.S. bachelor's or advanced degree equivalent and, even under exceptional ability, did not meet three evidentiary criteria. The proposed endeavor lacked specific evidence of national importance.

Civil construction project manager with master's degree proposes Florida-based residential and commercial remodeling company. AAO dismissed the national interest waiver appeal, finding the business plan lacked documented evidence of prospective impact beyond serving specific clients or employees, and projected revenues and job creation were insufficient to demonstrate national importance.

Energy professional in directional drilling seeking NIW for EB-2. Claimed national importance through oil and gas field importance and technical advancements for sustainable energy. AAO dismissed, finding substantial merit established but national importance not shown; petitioner confused field importance with specific endeavor impact and failed to demonstrate broad implications.

Mechanical engineer sought EB-2 NIW. AAO held appeal dismissible due to petitioner's conflicting statements about the proposed endeavor between initial filing and RFE response, making substantive nature unclear and preventing informed determination.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

A scientist with advanced degree sought waiver to develop sensor technology reducing heavy metal poisoning. The AAO affirmed dismissal because the petitioner materially altered the proposed endeavor between initial filing and RFE response, creating inconsistency that prevented analysis of national importance.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

An entrepreneur sought EB-2 NIW for event promotion business operations. Under Dhanasar, the AAO found the proposed endeavor lacked national importance; general industry significance and vague claims of job creation without specific economic impact projections were insufficient. The appeal was dismissed without addressing positioning or balancing prongs.