Published AAO appeal decisions

Financial manager seeking EB-2 with NIW claimed endeavor has national importance through financial literacy services to small businesses. AAO held proposed endeavor lacks national importance because it lacks broader field implications and benefits only direct clients, not society broadly.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A dentist sought EB-2 classification with national interest waiver for a dental practice startup in Florida. The AAO affirmed denial, finding the proposed endeavor had substantial merit but lacked national importance; creating 21 jobs and generating tax revenue in a non-corroborated HUBZone location did not demonstrate requisite broader impact.

Health psychology researcher sought EB-2 NIW. Petitioner failed to establish exceptional ability, meeting only one of six regulatory criteria. AAO dismissed appeal without reaching NIW merits because exceptional ability is prerequisite for NIW eligibility.

An environmental engineer seeks NIW for an EB-2 self-petition to launch a consulting company in recycling and sustainable waste management. The AAO found the endeavor has substantial merit but lacks national importance, as benefits would not broadly enhance societal welfare beyond the applicant's company.

Healthcare consultant sought NIW to establish and operate new healthcare consulting company as CEO, proposing to optimize human capital and patient care resource allocation. AAO dismissed appeal because proposed endeavor lacks national importance; local economic benefits do not rise to national level; no broader healthcare field implications demonstrated.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

Medical device manufacturing entrepreneur with advanced degree sought NIW. Petitioner established qualifying advanced degree status but failed first Dhanasar prong by not demonstrating specific endeavor has national importance. Appeal dismissed without reaching well-positioned or balance prongs.

Airline pilot and instructor with aeronautics background sought EB-2 with national interest waiver for sustainable aviation initiatives. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and specific prospective impact plan.

An equestrian entrepreneur sought EB-2 advanced degree classification and NIW. The AAO dismissed the appeal, finding the proposed equestrian business lacked national importance despite substantial merit, with only modest local employment and economic projections insufficient for national-level impact.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

Service provider with advanced degree sought NIW for business in Florida. Petitioner met underlying EB-2 classification but failed first Dhanasar prong by not establishing national importance of specific proposed endeavor. Revenue projections and staffing levels insufficient to show substantial economic effects. Appeal dismissed.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

A quality engineer seeks an EB-2 NIW to operate a consulting business in quality management. The AAO dismissed the appeal, finding the proposed business lacked evidence of national importance despite claimed economic benefits, job creation, and tax impact.

A mechatronics engineer seeking EB-2 classification with NIW to create an industrial automation company. The AAO found the proposed endeavor lacks substantial merit and national importance because it has no demonstrated impact beyond the petitioner's own business, and general industry significance does not establish specific endeavor importance.

Software and systems architect in autonomous vehicle technology sought NIW. AAO dismissed because although the field has national importance, the petitioner failed to show his specific proposed work would impact the industry broadly; benefits to employer and business partners alone do not satisfy national importance.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

Communications specialist and marketing entrepreneur sought NIW via self-owned company (10% ownership) and food-beverage employer role. AAO dismissed, holding petitioner failed to show national importance of specific endeavor despite claims of economic contribution. Industry importance and job creation insufficient.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

An IT business analyst seeks an EB-2 NIW to operate an identity management consulting startup as CEO. The AAO dismissed, finding the proposed business lacks national importance despite its competent leadership and valuable client services.

Entrepreneur with advanced degree seeking EB-2 NIW for sustainable agriculture business development. AAO affirmed denial because proposed endeavor lacks national importance despite substantial merit. Job creation and economic projections insufficient without supporting evidence of broader prospective impact.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.

Real estate developer and project manager sought NIW for affordable and senior housing development using prefabricated construction. AAO held proposed endeavor lacked sufficient specificity regarding implementation, funding, location, and concrete steps taken, preventing meaningful evaluation of national importance.