Published AAO appeal decisions

An entrepreneur seeking EB-2 with NIW for an environmentally friendly cleaning products company in Florida claimed nineteen years of experience and unique expertise. The AAO affirmed denial, finding the proposed endeavor lacked national importance; it would not impact the industry broadly or substantially employ U.S. workers.

Commercial captain sought NIW under EB-2 as advanced degree professional. Claimed endeavor had substantial merit and national importance addressing pilot shortage. AAO found record did not establish national importance of specific proposed work as individual pilot, lacking evidence of broader industry impact or individual contribution to resolving shortage.

An English teacher and administrator seeking EB-2 with NIW claimed five years of progressive post-baccalaureate experience. The AAO affirmed denial because employment letters lacked specific employment dates, hours worked, and detailed duties, failing to establish the required years of experience.

Nurse with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding that while nursing is substantially meritorious, petitioner failed to demonstrate her proposed endeavor has national importance because employment impact would not extend beyond her employer and patients to affect the field broadly.

Entrepreneur importing and distributing textiles sought EB-2 classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar framework; endeavor was too general and offered no evidence of broader field impact or substantial economic benefits.

Occupational health and safety entrepreneur with Dominican Republic MD seeking EB-2 NIW. AAO held proposed endeavor lacked national importance; general industry articles and business growth potential insufficient to show benefits beyond company to economy or broader field.

Dentist seeking NIW for EB-2 exceptional ability classification. AAO dismissed appeal because petitioner failed to establish EB-2 qualification; satisfied only one of six required regulatory criteria for exceptional ability and waived appeal on remaining criteria issues.

Industrial engineering expert with advanced degree seeking NIW for EB-2 classification; AAO reversed denial of EB-2 qualification but dismissed NIW appeal. Petitioner failed to demonstrate proposed business engineering endeavor has substantial merit or national importance; vague business plan lacks specific evidence of broader field impact or economic benefits.

Management consultant with advanced degree in business administration seeks EB-2 national interest waiver. Claimed waiver based on business consulting services providing national economic benefits. AAO dismissed appeal, finding proposed endeavor lacks sufficient national importance despite industry demand; general industry articles do not establish specific endeavor impact.

Lawyer from Kazakhstan sought EB-2 with national interest waiver. AAO affirmed denial because endeavor lacked national importance. Russian language skills and geopolitical concerns unpersuasive; proposed immigration paralegal work limited to local scope without broader regional or national impact.

Commercial lawyer with advanced degree sought NIW for EB-2. Claimed endeavor in commercial law with cross-border initiatives had substantial merit and national importance. AAO dismissed appeal because petitioner failed to clearly define her specific proposed endeavor and provided insufficient evidence of national importance or prospective economic impact.

Medical services provider with advanced degree sought NIW for EB-2 to provide CBD therapeutic education consulting. AAO held the proposed endeavor lacked national importance because it contained only generalized descriptions without sufficient documentation demonstrating specific prospective impact on healthcare or the broader economy.

Social worker with advanced degree sought NIW for EB-2. She claimed her endeavor in behavioral and emotional support for youth had national importance. AAO held the endeavor lacked national importance because it would serve only specific families without broader impact on pedagogy or social work fields.

Petroleum engineer sought NIW for EB-2. He proposed employment in oil and gas engineering services, claiming national importance based on industry growth. AAO held his specific endeavor lacked national importance because it demonstrated no substantial economic impact or job creation benefit beyond prospective employers.

Athletic trainer seeking EB-2 with NIW for physical rehabilitation services. AAO held petitioner qualified for advanced degree classification but proposed endeavor lacks national importance; specific services limited to individual clients without broader economic or field-wide impact. Appeal dismissed.

Software quality assurance engineer seeking EB-2 with NIW. AAO held proposed IT endeavor lacks national importance; merely working in STEM field without demonstrating specific technology advancement or broader impact insufficient. Appeal dismissed.

A cybersecurity professional sought EB-2 advanced degree classification with NIW for operating his own CISO consulting business. The AAO found the endeavor had substantial merit but lacked national importance, as it would benefit only specific clients without broader economic or industry impact.

An international legal consultant sought EB-2 advanced degree classification with NIW. The AAO agreed petitioner qualified as advanced degree professional but found the consulting endeavor lacked national importance, having only local/regional impact without broader field implications.

Self-employed financial specialist seeks NIW for EB-2. Petitioner claimed work in financial services has national importance and proposed training managers. AAO dismissed appeal, finding no evidence the specific endeavor has national or global implications, broader implications, or substantial positive economic effects beyond direct clients.

A business administrator seeks an NIW for EB-2 classification. She claimed the proposed endeavor of providing business administration services has national importance. The AAO found substantial merit but dismissed because the specific endeavor lacks national importance; evidence addressed only general importance of business administration, not its specific prospective impact.

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

A foreign language teacher and entrepreneur proposed a company offering foreign language classes and specialized education services, claiming forty years experience and job creation. The AAO held the endeavor lacks national importance because it does not extend beyond the company and clientele to impact the field broadly, failing the first Dhanasar prong.

A pediatrician intending to work as a registered nurse in the U.S. sought EB-2 NIW classification, claiming she would improve healthcare for Latin populations in areas with nursing shortages. The AAO dismissed the appeal, finding her direct patient care lacked national importance and broader field impact despite substantial merit.

An investment associate in clean energy sought EB-2 NIW. Qualified as advanced degree professional. Endeavor has substantial merit but lacks national importance; no evidence of projected U.S. job creation or substantial economic effects from her specific investment consulting services.

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.