Published AAO appeal decisions

A physical therapist sought an EB-2 national interest waiver to start a private clinic employing ten workers and addressing professional shortages. The AAO dismissed the appeal, holding that a local business, despite hiring U.S. workers and operating in a profession with labor shortages, lacks the national importance required under Dhanasar because the endeavor's impact does not extend beyond its client base.

A real estate investment consultant sought EB-2 NIW to create a platform linking U.S. real estate to Latin American investors. The AAO dismissed because the proposed endeavor lacked national importance: evidence addressed industry significance generally, not the specific endeavor's prospective impact, and no substantial positive economic effects were demonstrated.

A dentist with an advanced degree sought NIW for EB-2 classification based on her proposed endeavor of providing dental care and community oral hygiene education. The AAO agreed with the director that she failed to establish national importance of her specific proposed endeavor. Appeal dismissed.

Aviation maintenance specialist sought EB-2 with NIW for a business offering aviation maintenance services. The AAO held the proposed endeavor lacked national importance under Dhanasar because evidence focused on field importance rather than the specific business's prospective impact on the nation or region.

Health auditor and entrepreneur with advanced degrees in education, business, and health administration seeks NIW for EB-2. Proposed consulting firm improving workplace health environments. AAO held proposed endeavor has substantial merit but lacks national importance; merely working in important field is insufficient without demonstrating specific endeavor's broader impact.

Aircraft maintenance specialist sought NIW as EB-2 individual of exceptional ability. AAO dismissed, finding petitioner satisfied only one of five claimed exceptional ability criteria and failed to qualify for underlying EB-2 classification. NIW eligibility not reached.

Early childhood education entrepreneur with advanced degree sought national interest waiver for EB-2 employment-based second preference without job offer. AAO affirmed dismissal: proposed daycare business lacked evidence of national importance, broader industry implications, or substantial positive economic effects required under Dhanasar's first prong.

A mechanical engineer sought EB-2 NIW to establish a consulting business. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: his proposed consultancy lacked business plan detail, identified no specific clients, and did not demonstrate national importance or significant economic impact.

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

Entrepreneur and financial manager with advanced degree sought NIW for EB-2 to provide business formation training and financial advice to entrepreneurs and women entrepreneurs. AAO dismissed because evidence lacked probative value and did not demonstrate national importance beyond serving specific clientele.

A beverage bottling industry business developer sought EB-2 classification with NIW. The AAO dismissed, finding the proposed quality consulting endeavor lacked national importance, as it was limited to client work in manufacturing efficiency without demonstrated broader implications for the bottling industry.

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Advanced degree professional proposed to serve as master consultant in human management and corporate wellness, particularly for healthcare workers. AAO found the endeavor has substantial merit but lacks evidence of national importance, failing the first prong of the Dhanasar test for NIW eligibility.

A teacher seeking to establish a company offering ADHD training for parents and educators claimed national interest waiver eligibility. The AAO found the endeavor has substantial merit but lacks national importance because it would only benefit her direct clients without sufficient broader implications for the field or economy.

A veterinarian sought EB-2 classification with NIW for a mobile veterinary services business. The AAO dismissed, finding the proposed endeavor lacked national importance despite qualifying as exceptional ability, as benefits were limited to individual clients without broader implications for the veterinary profession.

Data scientist sought EB-2 classification with NIW, proposing to provide data science services through his own company in Massachusetts. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it would not sufficiently impact the field or U.S. economy beyond serving prospective clients.

Trade finance and operations management entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to show his proposed consulting company would have prospective impact rising to national importance; establishing an SME consulting service in HUBZone areas, without demonstrated substantial economic benefits, does not meet Dhanasar prong one.

An accountant with a Brazilian accounting degree sought EB-2 national interest waiver. The AAO found he did not hold a U.S.-equivalent advanced degree and his proposed accounting endeavor lacked national importance, affecting only individual employers without field-wide impact.

A dental assistant sought EB-2 NIW to establish a cooperative offering training programs and employment placement for dental assistants. The AAO affirmed dismissal because the proposed endeavor lacked national importance: the training was readily available in the U.S. with no broader industry implications, and projected economic impact was client-specific only.

A civil engineer in sustainable development consulting seeks an EB-2 national interest waiver. The AAO affirmed the service center's denial because the petitioner did not demonstrate the proposed endeavor has national importance: the business plan showed limited job creation and insufficient economic impact to rise to national significance.

Real estate entrepreneur sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner failed to demonstrate five years progressive post-baccalaureate experience in specialty; employment letters lacked required employer details and did not show progressive experience.

A nutritional supplement entrepreneur sought EB-2 with NIW. The AAO found he lacked five years of progressive post-degree experience required for advanced degree equivalency. On NIW merits, his proposed business showed substantial merit but not national importance; job creation of seven positions lacked adequate explanation of substantial positive economic effects.

A nutritionist with advanced degree sought NIW for self-employment in school cafeteria consulting and nutritional training. AAO dismissed because the proposed endeavor lacked demonstrated national importance; general industry importance and educational benefits insufficient under Dhanasar.

Legal consultant sought EB-2 classification with NIW for legal consulting work. AAO affirmed Director's finding that while the endeavor has substantial merit, it lacks national importance because record showed no projected economic impact or job creation sufficient to demonstrate substantial effects benefiting U.S. economy.

A project manager sought EB-2 NIW to start a management consulting company. Although meeting underlying EB-2 eligibility, the AAO dismissed the appeal because the petitioner failed the first Dhanasar prong: consulting services to individual clients lacked evidence of broader industry impact or national importance.