Published AAO appeal decisions

Goldsmith sought EB-2 as member of professions with advanced degree and national interest waiver for jewelry manufacturing business. AAO affirmed denial on two bases: petitioner failed to demonstrate occupation requires bachelor's degree, and proposed endeavor failed first Dhanasar prong for lacking demonstrated national importance.

Marketing consultant and entrepreneur seeking NIW for EB-2 classification to open Pennsylvania consulting firm. Petitioner claimed endeavor would revolutionize marketing through research and dissemination. AAO held claimed global implications and academic work insufficient; no documentation of prospective impact at national importance level.

An expert in human capital formation with a doctoral degree sought EB-2 national interest waiver to operate a nonprofit advancing STEM education and gender equity. The AAO found substantial merit but no national importance; the work was limited to one Texas community college without broader field implications.

A robotics engineer in the steel industry sought EB-2 exceptional ability and NIW classification. The AAO dismissed because the petitioner failed to meet three required exceptional ability criteria: the degree requirement (GED obtained after filing), ten years full-time experience (insufficient documentation), and salary (not comparable to robotics engineer positions). Underlying EB-2 eligibility was dispositive.

Preschool and drama teacher sought NIW claiming exceptional ability. AAO dismissed appeal, finding petitioner failed to establish either advanced degree or exceptional ability. With only four years teaching experience and no extraordinary expertise, petitioner did not qualify for underlying EB-2 classification.

Self-petitioner entrepreneur in tax, accounting, and financial services consulting sought EB-2 NIW. AAO held proposed endeavor lacked national importance under Dhanasar first prong, as business would impact only his clientele without broader field or economic effects.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

CEO of beverage company manufacturing energy drinks claimed extraordinary ability status. AAO held petitioner satisfied only one of ten required evidentiary criteria (published materials) but failed to establish three minimum; insufficient evidence of national or international acclaim or recognition in field.

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

A nutritionist sought NIW to work in hospital nutrition services. AAO affirmed dismissal because the proposed endeavor lacked national importance; generalized job creation projections and evidence focused on nutrition field importance rather than the specific endeavor's prospective impact.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

Steel manufacturing entrepreneur sought EB-2 advanced degree classification and NIW for proposed steel pipe manufacturing company. AAO dismissed because petitioner failed to demonstrate four-year undergraduate degree equivalent and proposed endeavor lacked national importance beyond prospective clients and employees.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

A singer sought EB-1A classification claiming five criteria. The AAO affirmed the director's finding that the applicant met only the exhibitions criterion. The claimed awards and leading role criteria failed because the petitioner did not establish that awards recognized excellence in the field or that his success was sustained and internationally acclaimed.

Human resources professional and entrepreneur seeking EB-2 classification with national interest waiver for human resources consulting startup. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found proposed endeavor lacked sufficient evidence of national importance and would benefit only business and immediate clients.

An information technology entrepreneur sought EB-2 exceptional ability classification and a national interest waiver. The AAO withdrew the Director's favorable findings on some criteria, concluded the petitioner did not satisfy the minimum number of threshold criteria, skipped the final merits step, and reserved the Dhanasar analysis, dismissing the appeal.

A CEO of a lighting event design group seeking EB-2 classification as exceptional ability professional with national interest waiver. The AAO dismissed because the petitioner failed to establish the underlying EB-2 qualification, lacking both an advanced degree and meeting three of the exceptional ability criteria, making national interest waiver analysis unnecessary.

Tax consultant sought EB-2 national interest waiver. AAO affirmed Director's conclusion that proposed tax consulting business, though meritorious, lacks national importance because it would not extend beyond immediate clients to impact the tax consulting field or generate substantial nationwide economic effects.

A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.

A senior director of product management met three of ten EB-1A criteria (judging, scholarly articles, leading role). However, the AAO upheld dismissal on final merits, holding the record demonstrates some field recognition but fails to show sustained national or international acclaim required for extraordinary ability at the very top.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

Industrial engineer sought EB-2 with NIW. AAO held petitioner is qualified advanced degree professional but failed Dhanasar first prong; providing engineering services to private companies lacks national importance and broader implications despite importance of manufacturing field.

Entrepreneur proposed manufacturing sustainable, reusable packaging solutions for small and medium enterprises. AAO found endeavor has substantial merit but dismissed appeal because petitioner failed to establish national importance; evidence documented field value, not specific prospective impact of her company beyond individual clients on national economy or environmental goals.