Published AAO appeal decisions

An entrepreneur seeking EB-2 NIW for a digital marketing and mobile app consultancy business claimed substantial merit and national importance. AAO agreed substantial merit was established but held the specific endeavor lacked national importance because it showed no broader implications beyond the company and its customers.

Bioanalyst and high school teacher seeking NIW for consulting business in bioanalysis and STEM education. Claimed endeavor would advance science education and economic growth. AAO dismissed appeal, finding proposed endeavor lacked national importance and petitioner not well-positioned to advance it.

A dogsledding competitor claimed three EB-1A criteria. The AAO affirmed the director's finding that she lacks a major, internationally recognized award and failed to satisfy three criteria despite meeting two (awards and leading role). The totality lacked evidence of sustained acclaim at the very top of the field.

A physician and healthcare management professional sought EB-2 classification with a national interest waiver to open a healthcare company targeting the Latino community. The AAO held the proposed endeavor lacked national importance because it would benefit only direct clients, not the healthcare industry or economy broadly.

A soccer director seeking EB-2 with NIW to establish a youth and community development organization. Claimed her endeavor had substantial merit and national importance. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance; its positive economic effects were not commensurate with national-level significance.

A pastry chef sought EB-1A extraordinary ability classification. The petitioner claimed six evidentiary criteria beyond the one initially found met by the director. The AAO dismissed the appeal, finding the petitioner satisfied only one criterion when at least three were required, and lacked sustained national or international acclaim.

Logistics manager consultant sought EB-2 with NIW to open pharmaceutical consulting company. AAO held she lacked advanced degree or exceptional ability for EB-2; failed first Dhanasar prong because proposed endeavor lacked national importance, showing only local client value without broader field implications.

Travel agency owner seeking NIW to market tourism packages attracting Brazilian travelers to U.S. locations. Supported claims with industry reports on travel and tourism significance. AAO dismissed, finding that importance of travel industry and intended customer marketing do not establish national importance of petitioner's specific proposed endeavor.

An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.

Radio frequency engineer seeks NIW to establish wireless network design consulting firm. AAO held endeavor has substantial merit but lacks national importance; petitioner's expertise addresses prong two, not the specific endeavor's prospective impact. First prong failure dispositive.

Software developer claimed his endeavor modernizing financial institutions through software solutions meets national importance for NIW. AAO found substantial merit but rejected national importance because impact limited to prospective employer or clients, not field broadly. Appeal dismissed.

An entrepreneur with kinesiology background sought EB-2 NIW classification to provide rural healthcare services. The AAO affirmed the director's finding that the endeavor lacks national importance under the first Dhanasar prong. Second and third prongs were not reached. Appeal dismissed.

Computer systems analyst sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six criteria required. Appeal dismissed because petitioner failed to establish exceptional ability threshold, making NIW analysis unnecessary.

Self-employed entrepreneur proposing an aesthetician clinic claimed substantial merit and national importance for a national interest waiver. AAO held the proposed endeavor lacks national importance because it would not impact the medical aesthetics field or societal welfare beyond serving individual clinic clients.

Music producer and director in Christian music specializing in organizing and producing concerts. Claimed three evidentiary criteria. AAO held petitioner meets none: award lacks national recognition, original contributions lack major significance in music production field broadly, and video views do not constitute recognized commercial success evidence. Overall record lacks sustained acclaim.

A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.

A Taekwon-Do athlete from Kyrgyzstan seeks EB-1A extraordinary ability classification. The AAO dismissed because the petitioner did not establish a major award or meet three evidentiary criteria; the judging and published material criteria were not satisfied, and the overall record lacks evidence of sustained national or international acclaim.

An entrepreneur with advanced degree in logistics sought national interest waiver for EB-2. AAO dismissed, finding petitioner confused industry importance with endeavor importance, failed to establish specific business would substantially benefit field or economy, and lacked credible job creation projections.

An entrepreneur with a claimed master's degree from Brazil sought EB-2 NIW classification. The AAO found the petitioner did not establish an equivalent U.S. advanced degree or five years of progressive experience, and waived exceptional ability arguments. The Dhanasar NIW criteria were not addressed.

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.

A general operations manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance under Dhanasar; benefits are limited to individual clients without broader implications to the field or economy.

A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

A consultant sought EB-2 with NIW. The AAO affirmed denial because the petitioner did not establish an advanced degree equivalent through proper academic records, only submitting diploma and educational evaluation letters. The decision did not reach NIW analysis.

An entrepreneur seeking EB-2 classification with NIW for a drop-shipping cotton towel and clothing business claimed the endeavor has national importance based on articles about immigrant entrepreneurship and economic growth. The AAO dismissed the appeal, finding the petitioner failed to establish that the specific proposed endeavor would have substantial prospective impact or extend beyond serving individual company clients to affect the field nationally.