Published AAO appeal decisions

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Lawyer in Brazil sought EB-2 NIW to establish a consulting firm for U.S. banks entering Brazilian market. AAO held the proposed endeavor lacks national importance; industry reports and business plans fail to demonstrate specific prospective impact beyond individual clients or broader field implications.

Software engineer and researcher seeking NIW for EB-2 classification proposes health and nutrition app claiming national importance through healthcare cost reduction and improved outcomes. AAO held endeavor has substantial merit but lacks national importance; impact confined to particular clients without evidence of broader societal or economic implications at national scale.

Software engineer with master's in computer science sought NIW under EB-2. AAO confirmed advanced degree qualification but dismissed appeal, finding her proposed cybersecurity work lacked national importance because it would not extend beyond her employer and clients to impact the field broadly.

Food waste management entrepreneur sought EB-2 NIW classification with advanced degree. Petitioner claimed innovative sustainable solutions would have national importance. AAO held proposed endeavor insufficiently defined and fails first prong because scope unclear, innovative tools undefined, and competitive advantages undemonstrated compared to existing market offerings.

Oil and gas engineer employed by major energy company, seeking EB-2 with national interest waiver. Petitioner claimed work supports energy security and economic growth through efficiency innovations. AAO found working in an important field insufficient; the specific proposed endeavor of continuing employer work lacks defined future aspirations and sufficient national or global implications.

Industrial production management consultant sought EB-2 NIW for consulting company. Business plan projected up to 21 employees and substantial wages. AAO found no evidence of field-wide impact beyond client services, unsupported claims about manufacturing competitiveness, and insufficient job creation relative to industry scale.

An employer sponsored a lead EV applications engineer for EB-2 NIW classification to develop electrified axles for electric and hydrogen fuel cell vehicles. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance; work on an important product does not establish the endeavor extends beyond the employer to impact the broader industry.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.

Entrepreneur in logistics sector sought EB-2 NIW. Petitioner claimed her business would improve US competitiveness and economic performance. AAO dismissed, finding the endeavor lacks national importance despite occurring in important sector; mere establishment in an important industry is insufficient without documented substantial economic impact.

An entrepreneur seeks NIW as EB-2 advanced degree professional to establish a company offering reputation, positioning, and brand-building consultancy to corporations. The AAO dismissed the appeal because the petitioner failed to show the endeavor has national importance, as it lacks broader implications extending beyond the company's clients to the relevant fields.

Financial manager with advanced degree seeks NIW for EB-2 classification. Claimed endeavor has national importance through job creation and economic impact. AAO held that 50-job potential is insignificant relative to 206,000 industry jobs and lacks broader field impact required for national importance.

An entrepreneur offering consulting and management training to coffee producers sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show expertise significantly above peers, and it reserved the Dhanasar waiver analysis.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.

An electronic products manufacturer sponsored an NIW petition for a beneficiary with a master's in computer science to develop AI and data analytics infrastructure. The AAO dismissed the appeal, finding while the endeavor had substantial merit, the petitioner failed to establish national importance because benefits would not extend beyond the company and its clients.

A senior site reliability engineer seeks EB-2 NIW for work in cloud infrastructure and digital entertainment. Beneficiary established advanced degree eligibility and endeavor substantial merit, but failed to demonstrate national importance of specific proposed work beyond field and employer significance.

A high school and college teacher with a PhD in education administration seeks a national interest waiver to develop AI-based curriculum and teaching methods. The AAO affirmed denial because the petitioner failed to show the proposed endeavor would extend beyond individual students to impact the field more broadly at a national level, falling short of the substantial merit and national importance prong.

A textile researcher with an advanced degree sought an EB-2 national interest waiver to develop sustainable personal protective textiles using piezoelectric materials. The AAO dismissed because the petitioner failed to establish that the specific proposed endeavor, beyond general field importance, possessed national importance with prospective impact.

IT specialist self-petitioner seeking NIW to establish IT consultancy providing e-commerce security and development services. Claimed national importance through worker shortage and innovative solutions. AAO held technologies not demonstrated as unique or innovative; profits and employment levels not substantial for IT industry; endeavor lacks broader field impact.

Data scientist pursued doctoral degree while proposing research on human mobility and urban prediction models for national interest waiver. AAO dismissed appeal because evidence failed to establish prospective impact of the specific endeavor, distinguishing between field importance and actual project importance.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A healthcare manufacturing company petitioned for an EB-2 national interest waiver for a financial manager continuing existing work at a U.S. location. The AAO found the proposed endeavor lacked national importance despite STEM-related arguments and industry documentation, as neither work experience nor field shortage alone established broader impact. Appeal dismissed.

A financial advisor with established company in Brazil sought national interest waiver for EB-2 as individual of exceptional ability. AAO withdrew Director's denial of exceptional ability but found proposed endeavor lacked national importance; business serving personal client base does not demonstrate broader economic or field impact.

Ballet teacher and director proposed establishing dance studio offering entertainment training and health and wellness programs. AAO held endeavor lacks national importance because claims about health, social equity, and employment benefits remain localized; petitioner did not demonstrate broader national impact.

Environmental scientist proposes to operate a waste management consultancy business. AAO held the endeavor lacks national importance; petitioner failed to demonstrate how his company would achieve national or statewide impact, provide substantial economic benefits through employment, business activity, or tax revenue.