Published AAO appeal decisions

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.

Attorney and international tax consultant with advanced degree seeking EB-2 NIW for self-employment in tax consulting. Met underlying advanced degree classification but failed first Dhanasar prong because specific endeavor lacked national importance. Creating eight jobs and tax revenue insufficient to establish substantial prospective impact warranting waiver.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

A general and operations manager sought a national interest waiver for EB-2 classification, proposing to provide expert managerial services to U.S. companies. The AAO dismissed the appeal because the specific endeavor lacks national importance; it would benefit only individual employers and clients, not the broader field or economy.

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.

Information security specialist sought NIW under EB-2. AAO found his proposed work in IT consulting and cybersecurity has substantial merit but lacks national importance because no documentary evidence shows broader field impact beyond employer benefit. Appeal dismissed.

Civil and mechanical engineer in transportation specialization claims national interest waiver for university research endeavor. AAO found insufficient detail regarding national importance; grant funding and projects postdated filing; no evidence of broad field implications beyond local academic work. Appeal dismissed.

Education administrator sought EB-2 exceptional ability and NIW. AAO found two-year degree not equivalent to US bachelor's, insufficient post-baccalaureate experience, non-credible work hour claims, and satisfied only one of six exceptional ability criteria, thus ineligible for underlying classification.

A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.

Sales manager with advanced degree sought NIW for business endeavors including sales consulting and trading company. AAO found substantial merit but no national importance; the work lacked evidence of broader economic implications or prospective impact sufficient for waiver eligibility.

An electrical engineer in industrial automation sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner lacks an advanced degree and met only two of six exceptional ability criteria, falling short of the three-criterion threshold. National interest waiver analysis was not reached.

Event planner with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacked national importance. Speaking engagements, media coverage, and professional memberships did not establish impact reaching level of manufacturing innovations or medical advances.

A financial advisor with business ownership seeks EB-2 national interest waiver. The AAO found substantial merit in the endeavor but rejected it for lacking national importance, as operating her own business does not demonstrate significant potential to employ U.S. workers or broader economic effects.

Helicopter pilot sought NIW for EB-2 exceptional ability classification. AAO held pilot failed to meet the underlying exceptional ability requirement by not satisfying the evidentiary criteria sufficiently in totality, and therefore did not reach NIW merits determination.

Entrepreneur seeking NIW for advanced degree EB-2 to pursue body-positive social movement work. AAO dismissed appeal, finding proposed endeavor lacks definition, specified location, funding plan, and job creation details needed to establish national importance under Dhanasar first prong.

Civil engineer with advanced degree proposing to develop consulting firm providing civil engineering services. AAO dismissed appeal, finding proposed endeavor, though addressing housing shortage, lacks national importance because petitioner provided no evidence of substantial economic effects or job creation directly attributable to his work.

A public safety officer seeking EB-2 classification with national interest waiver abandoned his appeal on the threshold issue of underlying EB-2 eligibility. The AAO dismissed the appeal without reaching the Dhanasar analysis because establishing eligibility for the underlying EB-2 classification is a prerequisite for any waiver consideration.