Published AAO appeal decisions

A computer vision engineer with Master's in electrical and computer engineering sought national interest waiver for EB-2 classification. AAO found proposed AI research had substantial merit and national importance but concluded petitioner lacked sufficient record of success, detailed plan, or financial means to advance the endeavor.

A mechanical engineer and business manager sought NIW for a consulting company serving small and medium-sized enterprises in paper coil products. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because impacts would not extend beyond individual client companies to benefit the field broadly.

Employer-sponsored NIW petition for beneficiary machine learning engineer. Claimed national importance through AI and cybersecurity technologies enhancing gaming platforms. AAO held STEM field and worker shortage insufficient; specific endeavor lacks broader implications beyond employer's clients; no substantial positive economic effects demonstrated.

An aviation professional and certified flight instructor sought EB-2 national interest waiver to train future pilots and enhance airline operations. The AAO affirmed denial, finding the proposed training endeavor lacked national importance despite the aviation industry's significance; the petitioner focused on personal expertise rather than demonstrating broader field impact or effects in economically depressed areas.

An EB-2 advanced degree holder sought a national interest waiver for a STEM research endeavor. The AAO dismissed the appeal, finding the proposed research had substantial merit but lacked national importance because the evidence did not demonstrate sufficiently broad impact beyond the individual's work.

Exercise physiologist and entrepreneur seeking EB-2 with national interest waiver to operate wellness clinic promoting exercise physiology in healthcare. Service center approved advanced degree qualification but AAO dismissed because proposed clinic endeavor lacks demonstrated national importance beyond patient benefits.

Petroleum engineer with advanced degree sought EB-2 national interest waiver for work on hydraulic fracturing fluid technologies. Petitioner's endeavor had substantial merit but lacked required national importance. Decision distinguished between employer significance and specific endeavor impact, finding insufficient evidence of prospective impact directly attributable to petitioner's work.

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.

Civil engineer and construction manager proposes to establish a consulting firm specializing in infrastructure and project management across transportation, healthcare, energy, and commercial real estate sectors. AAO held the endeavor lacks national importance because petitioner failed to demonstrate substantial prospective economic effects beyond typical industry scope.

A motorcycle mechanic and instructor sought an EB-2 national interest waiver for his own business. The AAO dismissed the appeal after finding he did not meet the underlying EB-2 exceptional ability requirement; therefore it did not reach the Dhanasar waiver prongs.

Reliability and maintenance engineer seeking EB-2 NIW. Claimed proposed endeavor has national importance through field importance, environmental safety and economic growth alignment, and corporate interest. AAO held general field importance and typical job duties insufficient; specific endeavor's broader impact and national importance not established.

Entrepreneur seeking EB-2 with national interest waiver for establishing engineering solutions company for automotive sector claimed substantial merit and national importance. AAO dismissed because the endeavor lacked demonstrated national importance beyond company and clients.

Aesthetician seeks EB-2 national interest waiver for aesthetics clinic in Florida. AAO affirmed first prong fails because proposed endeavor lacks national importance; impact limited to local clients and employees without broader implications for field or economy. Reserved remaining prongs.

General operations manager of cleaning and sanitizing products company claims NIW for business expansion and consulting services. AAO affirmed finding that endeavor lacks national importance; insufficient specificity on operations, staffing, and economic impact.

An electro-mechanical professional in hydrocarbon extraction sought EB-2 national interest waiver to work in the petroleum industry. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance despite the industry's significance, as the petitioner failed to demonstrate broader impact beyond a specific employer.

Product manager sponsored by employer for EB-2 with NIW. Claimed proposed endeavor in cloud gaming analytics has substantial merit and national importance. AAO held endeavor lacks national importance because benefits are limited to specific employer despite national footprint; working in important field insufficient; labor certification process addresses STEM shortages.

Professional in human resources consulting seeks NIW for EB-2 classification as advanced degree holder or exceptional ability. Claimed endeavor addresses workforce skills gap through training programs. AAO held endeavor lacks broader field impact and fails to demonstrate national importance required for NIW.

Athlete and athletic trainer sought NIW for EB-2 to promote MMA in the US. AAO held proposed endeavor lacks national importance: no showing of significant economic impact, industry growth alone insufficient, and techniques would not elevate field broadly. Appeal dismissed.

An artistic producer seeks EB-2 NIW to establish arts education academy in Ohio with expansion plans to increase arts access and tourism. Petitioner established endeavor substantial merit but failed to demonstrate national importance despite claimed climate and diversity benefits.

A professional intending to become CEO of her own company sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding she did not meet the EB-2 advanced degree requirements and her business projections lacked evidence of economic significance at a national level needed for national importance.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Architect proposing sustainable design endeavors and green building projects seeks EB-2 with NIW. Met four of six exceptional ability criteria but failed to demonstrate expertise significantly above other architects. Record lacks comparative analysis and evidence of significant field impact. Appeal dismissed.

Petitioner seeks NIW as advanced degree professional. AAO dismissed appeal, finding petitioner failed to establish five years progressive post-baccalaureate experience in specialty as required for underlying EB-2 classification; NIW eligibility not reached.

Carpenter and business owner sought EB-2 exceptional ability classification with national interest waiver. Claimed six criteria for exceptional ability but satisfied only two: academic degree and employer letters. AAO affirmed denial, finding petitioner failed to meet minimum three criteria required for exceptional ability; therefore NIW analysis was not reached.

Entrepreneur founding a trucking business claimed exceptional ability and NIW. AAO found the law degree did not relate to exceptional ability, the commercial driver license did not demonstrate professional practice, salary evidence was lacking, and the purported professional association was not verified, making the petitioner ineligible for the underlying classification and therefore ineligible for NIW.