Published AAO appeal decisions

Legal consultant with advanced degree sought national interest waiver for consulting work supporting U.S. small and medium enterprises in internationalization. AAO found endeavor has substantial merit but lacks national importance; modest job creation projections insufficient to demonstrate prospective impact at national level. Appeal dismissed.

Marketing manager with 15 years experience in Brazil sought NIW for self-owned marketing business. Petitioner claimed national importance based on job creation and economic impact. AAO affirmed denial because proposed endeavor lacked sufficient evidence of national importance or broader industry impact beyond serving clients.

Electrical engineer with advanced degree seeks national interest waiver for employment in energy systems management. AAO dismissed the appeal, finding the petitioner failed to establish that his proposed endeavor has national importance, as his work would not impact the broader field or economy.

A distance education specialist sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit but no national importance. The proposed endeavor impacts only individual students or clients, not the broader field. Applicant also lacks U.S. market knowledge and independent consulting experience.

Physical education instructor sought EB-2 with national interest waiver to operate a fitness training company. AAO affirmed denial, finding the proposed endeavor lacked substantial merit and national importance. No evidence demonstrated growth projections, industry impact, or original innovations in fitness and wellness.

Entrepreneur and business developer sought EB-2 with national interest waiver for multiple business ventures. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; petitioner failed to demonstrate prospective impact beyond company operations or substantial national economic benefits.

Business administrator sought NIW under EB-2. Petitioner qualified as advanced degree professional but failed national importance prong. AAO dismissed, finding individual business consulting lacks substantial prospective economic effects or broader field impact required by Dhanasar.

Argentine theater and television actor sought EB-1A extraordinary ability classification. Petitioner claimed six criteria; AAO found he met published materials and exhibitions but not three total required. Record lacked evidence of sustained national or international acclaim or top-tier field status.

An IT entrepreneur seeking EB-2 with NIW. AAO dismissed the appeal, holding the proposed endeavor lacked national importance under Dhanasar's first prong because the petitioner failed to establish how specific services would resolve IT worker shortages or create impacts rising to national importance, relying improperly on industry importance rather than endeavor specifics.

Computer user support specialist seeks NIW for EB-2. Petitioner asserted expertise and field importance; claimed endeavor to help organizations implement IT systems nationally. AAO dismissed appeal, finding no evidence the specific endeavor extends beyond client organizations to impact IT industry or economy broadly at national importance level.

A computer network manager proposed advancing his career and disseminating knowledge to field professionals, claiming STEM field status and regional-national impact. The AAO held his endeavor lacks national importance because benefits are limited to employer and clients without probative evidence of broader field impact or job creation details.

A lawyer seeking EB-2 national interest waiver to continue legal practice. AAO held the proposed endeavor lacks substantial national importance under Dhanasar because it would not impact the field or economy broadly, create significant jobs, or show prospective economic effects beyond her future employer.

Vocational training and career development specialist with advanced degree sought EB-2 and NIW for employment services industry work. AAO dismissed appeal; petitioner demonstrated substantial merit but not national importance, as proposed endeavor would benefit specific clients rather than advance industry or economy at national level.

Dentist seeking NIW for EB-2 advanced degree classification to operate clinic in underserved region. Claimed endeavor addresses shortage of dental services and has economic benefits. AAO dismissed appeal, finding individual dental practice lacks national importance required by first Dhanasar prong.

A geologist sought EB-2 classification as an individual of exceptional ability together with a national interest waiver. The AAO dismissed the appeal because the petitioner met only some of the required exceptional ability criteria. The waiver was not reached under the Dhanasar framework, so the decision is not a substantive NIW ruling.

A dental healthcare worker sought national interest waiver for EB-2 classification. AAO affirmed dismissal because petitioner failed to establish national importance of proposed dental practice. Expert letters addressing dentist shortage did not demonstrate specific endeavor would have broad impact on field or economy.

Marketing professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal finding petitioner's proposed endeavor of providing marketing advice to U.S. companies lacked national importance, as it demonstrated only localized impact without broader industry or economic implications required under Dhanasar.

Environmental sustainability consultant seeking EB-2 with NIW to operate sustainable furniture consulting company. AAO held petitioner failed to establish five years progressive experience in specialty and lacks exceptional ability; national importance of endeavor not demonstrated; appeal dismissed.

Computer software engineer seeking NIW for EB-2 advanced degree classification. Claimed endeavor has substantial merit and national importance through QA testing and instructor roles. AAO dismissed appeal, finding the proposed endeavor lacks nationally significant impact and petitioner failed to establish first Dhanasar prong.

A financial manager self-petitioning for NIW sought waiver of job offer for EB-2 classification. He claimed his financial management work has national implications for economic growth. AAO dismissed the appeal, finding insufficient evidence that his specific proposed endeavor has national importance, broader implications in his field, significant employment potential, or substantial economic effects for the nation.

Self-petitioner entrepreneur in wellness industry sought EB-2 NIW. Advanced degree requirement met. AAO dismissed appeal, finding proposed sports nutrition business expansion lacked substantial national importance; endeavor too narrow, without demonstrated impact on field broadly or economically depressed areas.

Language specialist sought NIW for EB-2 classification. AAO dismissed because petitioner did not qualify for underlying EB-2 (foreign degree not equivalent to bachelor's and lacked five years post-degree experience) and teaching endeavor lacked national importance despite occurring in important field.

An IT project manager sought NIW EB-2 classification proposing entrepreneurial endeavors and project management services. The AAO found the field important but the specific endeavor lacks national importance; petitioner failed to corroborate growth projections or establish impact beyond clients or employer.

A system engineer self-petitioning for NIW sought waiver of job offer for EB-2 classification. She proposed owning and operating a technology education company. AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance because the business plan contained only vague assertions without evidence of prospective impact beyond prospective students, significant employment potential, or substantial economic effects.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.