Published AAO appeal decisions

Entrepreneur in agriculture seeking EB-2 exceptional ability and NIW. AAO affirmed denial because petitioner failed to show expertise significantly above ordinary level in agricultural entrepreneurship despite meeting three criteria initially. NIW prongs not reached.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

Language specialist claimed EB-2 advanced degree professional classification with national interest waiver. AAO affirmed denial because applicant's three-year foreign degree does not establish equivalence to a U.S. bachelor's degree required for EB-2 eligibility. Dhanasar prongs not addressed.

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. Appeal dismissed.

Data analytics manager with advanced degree sought NIW for work managing digital analysts in banking and financial services. AAO found his mentorship and project work have substantial merit but lack national importance, as the endeavor does not demonstrate broader implications for the field or industry beyond individual benefits.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.

A martial arts educator sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner failed to meet three of six exceptional ability criteria and that the proposed educational endeavor lacked national importance beyond the employing organization.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. AAO held the specific endeavor lacks national importance under Dhanasar because evidence showed only industry importance, not the business's prospective broader impact or employment potential.

Self-petitioner entrepreneur sought NIW for digital marketing specialist work with long-term goal of owning an agency. AAO dismissed appeal, finding endeavor lacked specificity and substance. General occupation claims without detailed descriptions of specific proposed work do not satisfy national importance requirement.

Financial manager with advanced degree sought NIW for employment in banking sector with proposed use of blockchain and AI technologies. AAO found substantial merit in the field but concluded the petitioner failed to demonstrate national importance of her specific endeavor, lacking evidence of broader industry impact, employment potential, or substantial economic effects.

Physical therapist self-petitioner sought EB-2 NIW based on work as physical therapist specialist. AAO held petitioner failed to establish advanced degree and that proposed endeavor lacked national importance under Dhanasar; appeal dismissed.

Sustainability and business intelligence consultant sought EB-2 NIW classification. AAO held proposed endeavor had substantial merit but lacked national importance as required under Dhanasar because petitioner provided only general assertions without adequate evidence of broader field impact or specific prospective consequences.

Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.

An exercise trainer seeking EB-2 classification with national interest waiver claimed his instruction activities have substantial merit and national importance. The AAO found the endeavor merits substantial but lacks national importance because it fails to demonstrate prospective impact extending beyond his individual clientele to benefit the nation.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

An international banking and finance professional sought EB-2 with national interest waiver for a financial literacy and regulatory compliance consulting firm. The AAO dismissed the appeal, finding that despite substantial merit, the endeavor lacks national importance because local economic benefits and job creation do not meet the substantial positive economic effects standard.

Applied linguist seeking NIW for EB-2 classification claimed research on marginalized populations has national importance. AAO dismissed appeal, finding substantial merit but no evidence prospective impact rises to national importance; research lacks demonstrated policy influence or broad implications.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

Entrepreneur proposing a financial consulting services company in Florida claiming national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance despite substantial merit; revenue projections and job creation figures insufficient to demonstrate significant prospective impact regionally or nationally.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.

Financial analyst holding advanced degree sought EB-2 national interest waiver for financial consulting business serving immigrants. AAO held proposed endeavor has substantial merit but lacks national importance; business plan lacks probative evidence of significant projected economic impact or job creation.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.