Published AAO appeal decisions

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Mechanical engineer seeks NIW for project management work through established company. AAO found EB-2 advanced degree eligibility unestablished due to unclear concurrent employment and insufficient experience documentation. Also held proposed endeavor lacks national importance without evidence of broader industry or supply chain impact.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

Food scientist with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner qualified as advanced degree professional but failed to demonstrate proposed endeavor has national importance because specific research plans lack corroboration and projected economic impact remains unsubstantiated.

A fitness specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he met only three of six evidentiary criteria but lacked the degree of expertise significantly above ordinary for his field.

Residential advisor with master's degrees seeks EB-2 NIW to establish and direct residential life office at university. AAO found endeavor has substantial merit but not national importance; proposed job creation and institutional benefits insufficient to demonstrate substantial positive economic effects at national level.

Computer systems manager with 10+ years experience and bachelor's in computer science sought NIW for EB-2. Proposed to start business creating 84 jobs with five-year revenue projections. AAO dismissed because business plan lacked evidence that national importance threshold was met; job creation and wages alone do not establish prospective impact on IT industry.

An entrepreneur holding advanced degree seeks an NIW for EB-2 to operate a hydraulic equipment distribution company as sole distributor in Florida. The AAO dismissed because his specific endeavor lacks national importance; no evidence demonstrates prospective impact beyond company operations, significant job creation potential, or substantial positive economic effects at regional or national level.

Chief technology officer 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; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.

Language and music professor seeks NIW for teaching Portuguese through music literacy program. AAO held the proposed endeavor lacks national importance because it would impact only his students without broader implications for the field or U.S. economy. Appeal dismissed.

Interior design entrepreneur sought EB-2 NIW classification. She claimed her endeavor would provide valuable services to clients and contribute to U.S. competitiveness and economy. AAO held her proposed work lacks national importance because she showed no prospective impact on her field, real estate and construction industries, or economy broadly, and offered no evidence of significant job creation or substantial positive economic effects.

Adapted physical education specialist and entrepreneur sought NIW for aquatic sports and exercise business. Proposed endeavor had substantial merit but lacked national importance; evidence showed limited local impact without broader industry implications or substantial economic effects warranting waiver.

Radiology technician sought EB-2 exceptional ability with NIW. AAO dismissed appeal finding petitioner met only one of required three criteria due to insufficient documentation of work experience, professional license, and salary comparison supporting exceptional ability claim.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Automotive repair mechanic and operations manager seeking EB-2 exceptional ability with national interest waiver. AAO affirmed dismissal because evidence does not show exceptional ability—expertise significantly above ordinary in field. Threshold EB-2 qualification not met; Dhanasar analysis not reached.

Former educator with advanced degree seeks EB-2 NIW for proposed educational consulting services addressing children's mental health. Director found advanced degree eligibility but denied NIW. AAO affirmed, holding proposed work lacks national importance despite merit because consulting activities would not impact educational field broadly beyond individual clients. Petition also missing required Form ETA 750B.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.

Self-petitioner physical therapist seeking NIW as EB-2. Claimed endeavor aligns with public health national interests. AAO held specific endeavor of treating patients at single facility lacks demonstrated national or global field implications and broader economic impact required under Dhanasar framework.

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

Financial manager from Brazil sought EB-2 advanced degree classification and NIW. Petitioner did not meet EB-2 requirements due to insufficient post-baccalaureate experience; degree completed only three months before filing with unclear work history timeline.

A dentist self-petitioning for NIW sought waiver of job offer for EB-2 advanced degree classification. He proposed buying and expanding a Texas dental clinic. AAO dismissed the appeal, finding while his endeavor had national importance, he was not well positioned to advance it at filing and adjudication because he lacked state licensure until six months after petition filing.

An operations specialist from Burkina Faso sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner did not establish equivalent U.S. baccalaureate degree or five years progressive post-baccalaureate experience; NIW criteria not reached.

A physical therapist sought EB-2 NIW classification. The AAO withdrew the Director's misrepresentation finding and accepted substantial merit of the proposed work, but found the specific endeavor lacks national importance due to insufficient evidence of broader field impact or significant economic effects. Appeal dismissed.

Automobile interior restorer with advanced degrees in industrial design sought EB-2 NIW classification after establishing his own manufacturing business. AAO held the petitioner failed to demonstrate national importance of his specific endeavor, as local employment and economic benefits to car dealerships and suppliers did not establish broader impact on the field or economy commensurate with national interest.