Published AAO appeal decisions

Early childhood and elementary school teacher seeking national interest waiver for EB-2 classification. Petitioner claimed Portuguese teaching role had national importance. AAO found endeavor lacked demonstrated national importance and broader field implications required by Dhanasar; appeal dismissed.

Self-petitioner, project manager and entrepreneur in technology transfer, sought EB-2 with NIW. Claimed ability to establish consulting business facilitating technology commercialization. AAO affirmed denial because proposed endeavor lacked national importance; industry reports addressed sector broadly, not specific business impact.

A chief executive sought EB-2 classification as an individual of exceptional ability and a national interest waiver. The AAO affirmed denial because the petitioner failed to meet any of the three required evidentiary criteria for exceptional ability, including insufficient documentation of ten years of full-time experience and unverifiable letters.

Self-petitioner, educational consultant with advanced degree seeking EB-2 NIW for early intervention educational services. Claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor has merit but lacks national importance; services limited to prospective students without documented broader industry impact.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

An entrepreneur in automation and control sought EB-2 classification with NIW. The AAO dismissed the appeal because the petitioner failed to establish he held an advanced degree, the underlying EB-2 eligibility requirement, rendering the NIW analysis unnecessary.

Composer and singer self-petitioner claiming extraordinary ability sought EB-1A. Claimed five criteria but did not address director's rejection on appeal, waiving the issue. Director found evidence insufficient for all claimed criteria. AAO also found material fraud: falsified award certificate and fabricated film project with falsified supporting documents. Appeal dismissed for failure to meet criteria threshold and willful misrepresentation.

Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.

Self-petitioner entrepreneur seeks national interest waiver to operate used car dealership in Texas or Florida. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's business and no substantial positive economic effects, thus failing to establish NIW eligibility.

An arts performer seeking EB-2 classification with national interest waiver. The AAO found the record did not establish a qualifying advanced degree or five years of progressive post-baccalaureate experience, and did not satisfy at least three exceptional ability criteria. Dhanasar analysis was reserved; appeal dismissed.

A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).

Software developer holding advanced degree sought national interest waiver for EB-2 self-employment endeavor. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar framework; specific undertaking failed to demonstrate broader implications beyond local clients and business.

Professional with advanced degree developing a business sought EB-2 with national interest waiver. The AAO affirmed the director's finding that petitioner failed to demonstrate national importance of her specific business endeavor, as she did not show it would sufficiently impact relevant industries or the broader U.S. economy.

Music agent petitions for pianist beneficiary for O-1A extraordinary ability. Director found beneficiary did not meet initial evidentiary criteria. AAO affirmed, finding petitioner failed to demonstrate two claimed criteria and did not qualify for comparable evidence consideration.

Psychoanalyst sought EB-2 advanced degree classification with national interest waiver to provide counseling services through her own clinic. Director found advanced degree qualification but denied waiver. AAO affirmed, holding proposed endeavor lacked national importance; specific counseling services would not impact field broadly or generate substantial economic effects beyond individual clients.

Attorney and tax law specialist seeks NIW for self-employment in legal and tax consulting focused on international trade. AAO dismissed appeal, finding the proposed endeavor lacked national importance, failing the first Dhanasar prong because it would not impact the tax or business law field beyond her direct clients.

Business process engineer sought NIW for consulting venture. AAO reversed director's EB-2 eligibility denial, finding petitioner qualified with bachelor's degree plus five years progressive experience. However, proposed business lacked national importance because specific endeavor would not impact field broadly or achieve national economic significance.

Physical therapist sought NIW for mobile therapy clinic serving underserved patients. Petitioner claimed national importance based on serving low-income areas and future staffing plans. AAO dismissed, finding proposed local clinic lacks national or global implications; employment projections insufficient.

A computer programmer and IT management entrepreneur self-petitioner claimed EB-2 as advanced degree professional or exceptional ability individual, plus NIW. AAO dismissed appeal because petitioner provided insufficient and inconsistent evidence of proposed endeavor, occupation, and work history, failing EB-2 threshold.

A software engineer, sponsored by an AI and language technology company, sought extraordinary ability classification, with five criteria claimed. The AAO dismissed the appeal, finding original contributions not shown to be of major significance, declining to reach two further claimed criteria, and noting the record did not show sustained acclaim.

A business and financial analyst from Brazil seeks NIW status to operate a consulting business advising U.S. companies on Brazil business matters. The AAO found the endeavor had substantial merit but lacked national importance, as the benefits would not extend beyond specific clients or impact the financial industry broadly.

A human resources manager seeking EB-2 classification with national interest waiver claimed her consulting business would generate jobs and share HR knowledge. The AAO held that she failed the first Dhanasar prong because her specific proposed endeavor lacked evidence of national importance, employment potential, or economic impact beyond generalized industry articles.

Tourism entrepreneur sought EB-2 NIW. AAO dismissed after finding petitioner lacks required five years post-degree work experience and proposed endeavor lacks national importance. Specific endeavor too vague; general tourism industry importance insufficient.

Business executive sought EB-1A extraordinary ability classification. Petitioner claimed published material, original contributions, and high salary criteria. AAO found published material and leading role criteria met but original contributions lacked field-wide impact and salary evidence was unreliable. Appeal dismissed for failing minimum three-criterion threshold.

A financial manager established a real estate consulting company to promote affordable and sustainable housing. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because the business plan showing only six jobs over five years and consulting services does not demonstrate impact rising to the level of national importance required under Dhanasar.