Published AAO appeal decisions

Agricultural finance consultant sought EB-2 with NIW for consulting startup. AAO dismissed appeal, finding substantial merit but no national importance; business plan lacked specificity on services and demand; regional impact and industry importance insufficient without broad endeavor impact.

Tax attorney sought EB-2 with national interest waiver. AAO withdrew director's unsupported denial of advanced degree qualification but affirmed NIW denial. Proposed endeavor, though meritorious, lacked broader field impact or prospective implications beyond individual clients.

Entrepreneur sought EB-2 NIW for entrepreneurial and consulting services, including online application. Claimed substantial merit and national importance. AAO agreed on substantial merit but found no national importance: proposed work lacks broad field impact; projections of three to five jobs and revenue insufficient for national economic significance.

An applicant in exceptional ability sought EB-2 and NIW. The Director found three criteria met, but the AAO withdrew one finding on academic credentials, reducing the count to two. The appeal was dismissed for failing to meet the three-criterion threshold; Dhanasar analysis was reserved.

Industrial engineer with advanced degree seeking EB-2 with national interest waiver to establish engineering consulting business. AAO dismissed because proposed endeavor has substantial merit but lacks national importance—work benefits specific clients and supply chain but lacks broader industry impact required by Dhanasar.

A nurse proposing to own an assisted living facility sought EB-2 national interest waiver. The AAO dismissed her appeal because her specific endeavor lacked national importance: the facility would employ few workers and provide only localized benefits insufficient to demonstrate impact on healthcare industry broadly or substantial economic effects.

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.

Chess trainer seeking EB-1A extraordinary ability. Claimed four criteria; met only leading critical role as national team coach. Membership and judging claims failed; original contributions not analyzed. Failed three-criterion threshold and overall extraordinary ability standard. Appeal dismissed.

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.

Sports journalist seeking EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met only judging criterion; published material and leading role criteria not established. Record lacks evidence of sustained national or international acclaim required for classification to top small percentage in field.

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.

A professional baseball player sought EB-1A extraordinary ability classification. He claimed and met four criteria: awards, published material, critical role, and high salary. The AAO sustained the appeal, finding the petitioner demonstrated sustained national acclaim and recognized achievements, qualifying him as among the small percentage at the top of professional baseball.

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.