Published AAO appeal decisions

A post-doctoral research associate in entomology sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks sufficient specificity and documented broader impact; prior publication citations and speaking engagements do not establish that future teaching, mentoring, and research would impact the field nationally rather than only serve local students and institutions.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore not reached.

Civil engineer with two master's degrees sought EB-2 national interest waiver for proposed construction consulting work. Qualifies as advanced degree holder but failed to establish national importance of endeavor. Petitioner showed only localized client benefits without broader field advancement or significant economic impact.

Athlete sought NIW for EB-2 as exceptional ability professional. Petitioner claimed national team membership, awards, and competition history. AAO dismissed because petitioner failed to meet underlying EB-2 eligibility criteria (did not satisfy three of six exceptional ability criteria). Dhanasar prongs reserved as analysis unnecessary without qualifying basis.

Financial analyst from Brazil seeking EB-2 national interest waiver. Proposed endeavor was general financial services work and later starting a consulting business with projected five-year revenue of six hundred thousand dollars. AAO rejected first prong of Dhanasar test; work lacks sufficient prospective impact on U.S. economy or broader financial services industry. Appeal dismissed.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner lacked required foreign equivalent of U.S. baccalaureate degree (combination of experience and coursework insufficient). Under exceptional ability, official academic record lacking. Threshold requirements unmet; waiver analysis not reached.

Journeyman power lineman claimed exceptional ability and national interest waiver under EB-2. AAO found petitioner met only one of six exceptional ability criteria; lacked official academic records from qualifying institutions and failed to meet salary or recognition standards.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

Project engineer sought NIW for EB-2. Service Center approved advanced degree but denied NIW. AAO dismissed because proposed roadway safety endeavor lacked sufficient detail and national importance; no direct connection established between specific endeavor and broader implications.

Business management consultant sought EB-2 advanced degree with NIW to operate consulting firm facilitating U.S.-Brazil business expansion. AAO dismissed appeal, finding petitioner failed first Dhanasar prong; proposed endeavor of four to eight direct employees lacks national importance and broader implications required for substantial positive economic effect.

Athletic trainer qualified as individual of exceptional ability but sought national interest waiver for fitness startup company. AAO found proposed endeavor lacks national importance; hiring eleven workers and local client services insufficient to demonstrate broader implications required by Dhanasar framework.

Senior vice president of real estate and interior design company seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of real estate development and interior design services. AAO found substantial merit but no national importance; work lacks sufficient economic impact or broader field implications warranting national interest waiver.

Mechanical engineering researcher sought EB-2 national interest waiver for postdoctoral research position in aerospace technology. Qualifies as advanced degree holder but failed to establish national importance of proposed endeavor. Record did not demonstrate how technology advances broader field or has meaningful economic implications.

Labor relations consultant sought NIW for EB-2 as individual of exceptional ability. AAO withdrew Service Center approval of EB-2 eligibility, finding insufficient evidence of advanced degree equivalent and required progressive work experience, rendering Dhanasar analysis unnecessary.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

Self-petitioning pilot seeks NIW as EB-2 advanced degree or exceptional ability professional. Failed to qualify for underlying EB-2 classification (only two of six criteria met). AAO dismissed; pilot work as proposed lacks substantial merit and national importance; endeavor insufficiently documented and explained.

Civil engineer sought EB-2 national interest waiver for residential construction business venture. Director found petitioner qualified as advanced degree holder but waiver failed. AAO agreed petitioner did not establish national importance under Dhanasar first prong; construction work lacked broader field implications.

A business operations specialist seeks NIW for EB-2. AAO dismissed because petitioner failed to establish U.S. equivalency of foreign education and five years post-baccalaureate experience, thus failing underlying EB-2 qualification; Dhanasar analysis reserved as unnecessary.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A professional with advanced degree sought national interest waiver for EB-2. The petitioner's motions to reopen and reconsider were dismissed because insufficient new evidence was presented. The AAO affirmed that letters of support and industry evidence did not establish the specific proposed endeavor had national importance under Dhanasar's first prong.