Published AAO appeal decisions

Materials engineer sought NIW for fuel cell research work. AAO affirmed denial, finding the proposed laboratory activities lacked national importance despite work in a critical STEM field. Specific endeavor did not demonstrate broader implications or potential for significant employment or economic effects beyond employer.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.

A nurse sought EB-2 classification and a national interest waiver as a nurse educator and researcher. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance; field shortages and general assertions insufficient without specific impact evidence.

A business consultant seeking EB-2 with NIW, proposing to open a consulting company assisting Latin American women entrepreneurs with sustainable businesses. The AAO affirmed denial, finding the proposed endeavor showed substantial merit but lacked national importance; serving individual clients insufficient for broader field impact.

A strategic business consultant self-petitioned for EB-2 NIW, claiming his consulting services to SMEs would boost market valuation and revenues. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: he provided no concrete plan, economic projections, or evidence of prospective broad impact beyond serving individual clients.

Advanced degree professional in asset integrity and maintenance engineering proposed endeavor advancing energy, environmental, and disease prevention sectors. AAO dismissed appeal for failure to establish national importance and also found willful misrepresentation through fabricated emails in prior petitions.

Historian with advanced degree sought EB-2 national interest waiver for expert witness services and market analysis. AAO affirmed denial, finding proposed endeavor lacks demonstrated national importance: no evidence of broader impact, economic effects, or industry innovations required by Dhanasar first prong.

A petitioner sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO dismissed the appeal because no employment letters showing five years of progressive post-baccalaureate experience were submitted, so underlying eligibility failed and the Dhanasar analysis was reserved.

A project manager seeking self-petitioned EB-2 NIW to operate his own rail maintenance procurement business claimed national importance. The AAO dismissed the appeal because the petitioner failed to identify a specific proposed endeavor with sufficient detail regarding contracts, future plans, or business model to establish national importance.

A business manager and consultant with an advanced degree sought EB-2 NIW to establish a consulting company in financial education and business administration. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance, lacking evidence that the proposed endeavor would impact the fields more broadly beyond serving individual clients.

Individual with advanced degree sought NIW to advance international development work focused on Honduras-U.S. immigration nexus. AAO dismissed because proposed endeavor lacked demonstrated national importance; creating 16 U.S. positions and stated impact on immigration system insufficient to meet Dhanasar first prong.

Food engineer with advanced degree seeking national interest waiver for EB-2 classification. Director approved underlying EB-2 but denied NIW, finding no national importance to proposed endeavor. AAO affirmed that petitioner's work advising individual food manufacturers lacks sufficient prospective impact on meat processing industry to meet Dhanasar's first prong.

A lawyer sought NIW for employment as a law consultant advising corporations on Latin American business expansion. The AAO dismissed the appeal, finding no national importance despite interest from specific companies; the endeavor lacked broader field implications or significant employment potential.

Nutritionist sought NIW to start nutrition counseling company in Florida. AAO dismissed because petitioner lacked qualifying advanced degree and failed to establish national importance; serving individual clients in a STEM profession lacks sufficiently broad implications for the field.

Physical fitness instructor sought EB-2 with NIW. AAO affirmed denial, finding evidence did not show proposed endeavor had national importance beyond the employer. Generic articles on fitness importance and expert opinions regarding position advancement did not establish national-level impact.

An IT manager and engineer sought EB-2 national interest waiver. The AAO agreed the petitioner held an advanced degree but found his proposed endeavor of providing IT services in Florida lacked national importance; it was regional, specific, and without broader implications.

Mechatronics engineer sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner met only two of six criteria for exceptional ability; vocational diploma and training courses not comparable to professional license or certification required.

Marketing and communications specialist with equivalent bachelor's degree and five years experience seeks national interest waiver. First prong failed: petitioner confused industry importance with specific endeavor importance. Work lacks broader field impact or substantial economic effects needed for national importance standard.

Self-petitioner entrepreneur sought EB-2 NIW to open grocery store chain. AAO held proposed endeavor lacked national importance under Dhanasar; employment and revenue projections did not demonstrate substantial economic effects at regional or national level.

An agribusiness consultant with exceptional ability sought NIW. The AAO confirmed exceptional ability eligibility through three criteria but dismissed the appeal, finding the proposed consulting business providing research and marketing services lacked national importance; sustainability and food security claims were unsupported by documentation showing prospective field-wide or broad economic impact.

A welder seeks NIW claiming exceptional ability. Claimed the Dhanasar framework. The AAO held the first prong—national importance—not met: working as a skilled welder for one company lacks broader field implications or substantial economic impact commensurate with national importance.

Dental care entrepreneur seeking NIW to establish dental practice. Claimed national importance based on dental professional shortage and environmental benefits of practice. AAO affirmed denial, finding that serving individual patients lacks national importance; professional shortage alone insufficient under Dhanasar framework.

An education administrator and entrepreneur sought NIW under EB-2. The AAO dismissed on two independent grounds: she failed to establish EB-2 qualification and her proposed endeavor of owning three education businesses in California lacked demonstrated national importance and broader field impact.

Entrepreneur seeking EB-2 classification and NIW for specialized logistics services in road transport. Petitioner claimed STEM field designation and endeavor supports American business management and planning. AAO held supply chain logistics important generally, but petitioner failed to demonstrate specific endeavor's potential to impact field at national importance level.