Published AAO appeal decisions

A physical therapist with an advanced degree sought EB-2 NIW to operate a physical therapy clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would serve only direct clients and did not demonstrate broader field impact, despite timeliness and industry importance.

Technology marketing manager proposed to open a lumber retailer importing from Brazil, claiming job creation and trade benefits. AAO dismissed appeal because the petitioner failed to establish national importance: revenue forecasts conflicted, no evidence showed significant U.S. worker employment or regional economic impact, and claimed trade benefits lacked substantiation.

Internal medicine physician sought NIW as EB-2. Petitioner claimed his clinical work in underserved area had national importance due to physician shortage. AAO found substantial merit but denied national importance because his individual clinical duties would not impact ICU medicine field broadly or significantly reduce claimed shortage.

Advanced degree professional in scientific research seeking NIW for continued employment in research-focused role. AAO dismissed appeal, affirming Director's finding that applicant failed first prong; duties and research lacked shown national importance despite alignment with national priorities.

Mergers and acquisitions professional in oil and gas industry seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through energy sector criticality and applicant expertise. AAO found no sufficient evidence of specific endeavor's prospective impact beyond employer.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.

A business development specialist sought a national interest waiver for self-employment in business development consulting. The AAO affirmed dismissal, finding substantial merit in the field but no national importance because evidence lacked a detailed business plan and failed to demonstrate substantial economic effects at a national level.

Digital marketing entrepreneur sought EB-2 national interest waiver for digital marketing business. AAO dismissed, finding proposed endeavor lacked national importance; industry importance does not establish specific endeavor impact, and projected ninety-seven jobs across three locations insufficient to demonstrate national-level significance.

Business development specialist proposes consulting services to U.S. companies in unspecified sectors emphasizing economic stimulation. Claimed national importance from field contributions and economic growth potential. AAO affirmed denial: professional plan lacks business projections, scope details, or evidence that local economic stimulation reaches substantial national-level impact threshold.

An agricultural engineer with a doctorate sought EB-2 classification with national interest waiver to conduct soft skills and values training through workshops. The AAO affirmed EB-2 eligibility but dismissed, finding the proposed endeavor lacked national importance as training activities would not sufficiently impact the field broadly at national level.

Business and marketing professional seeking EB-2 classification with national interest waiver for marketing and business consulting firm. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found firm would not employ substantial U.S. workers or create significant economic impact beyond serving own clientele.

Nurse with foreign bachelor's degree claimed national interest waiver for EB-2. AAO held she did not qualify as advanced degree professional and her nursing audit endeavor lacked national importance because it would not impact the broader nursing field or healthcare industry.

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

Security consulting entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed HUBZone consulting business; vague endeavor description, absence of evidence on projected staffing, job creation, and substantial economic benefits prevent satisfaction of Dhanasar prong one.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Flight trainer sought EB-2 exceptional ability and NIW. Director found petitioner qualified as individual of exceptional ability. AAO found proposed endeavor has substantial merit but lacks national importance; impact does not extend beyond individual trainees and employers to national scale.

An educational specialist and consultant sought EB-2 classification with national interest waiver to establish a consultancy business. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite the petitioner's emphasis on education field importance and teacher shortages.

A security management specialist seeks EB-2 exceptional ability classification and national interest waiver for a security services company addressing drug trafficking. The AAO dismissed, finding substantial merit but no national importance; the endeavor lacks broader industry impact and insufficient economic benefits.

Petitioner pivoted from craftsmanship to propose freight transportation business following COVID-19 pandemic supply chain disruptions. AAO affirmed denial, finding industry importance insufficient and proposed business's specific endeavor lacked national importance; employment and revenue projections too speculative.

A business administrator sought EB-2 with national interest waiver for business consulting services. While the AAO found substantial merit, it dismissed because the proposed work lacked national importance (limited to his own clients, no broader field or economic impact) and he was not shown to be well-positioned to advance the endeavor.

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.

A civil engineer in water and sewer infrastructure sought an EB-2 national interest waiver to consult on green practices for private and public entities. The AAO dismissed the appeal, finding the proposed consultancy work, while meritorious in the field, lacks national importance because it would impact only specific clients rather than advancing the field broadly.

A facility manager sought EB-2 national interest waiver for proposed facility management and sustainability projects. While establishing substantial merit, he failed to demonstrate national importance under Dhanasar because the record lacked evidence of broader field implications, significant U.S. worker employment potential, or substantial positive economic effects beyond individual customer benefits.

IT accountant seeks EB-2 with NIW for work in tax automation and cloud computing. AAO held that while the field is important, his specific proposed endeavor lacks national importance because it affects only his employers and does not benefit the field broadly.

Software developer engineer in test seeks EB-2 with NIW. AAO held the endeavor has substantial merit but lacks national importance because it benefits only the employer and does not ameliorate software engineer shortage broadly.