Published AAO appeal decisions

Data-integration consultant seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through broad industry impact. AAO found proposed endeavor lacks national importance because evidence does not demonstrate broader implications beyond employer and existing customers.

A Portuguese language instructor seeks NIW for a translation and language teaching business in Florida. The AAO dismissed the appeal, finding substantial merit but no national importance because the proposed endeavor lacks broader field implications and significant prospective economic impact beyond regional clients.

Petitioner sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner satisfied only two of six exceptional ability evidentiary criteria (advanced degree and work experience); petitioner did not challenge remaining criteria or provide final merits evidence, so NIW analysis was not reached.

Aircraft mechanic seeking NIW for EB-2 advanced degree or exceptional ability classification. AAO affirmed denial, finding petitioner failed to demonstrate national importance of his specific proposed endeavor of providing aviation mechanical services, conflating industry importance with endeavor-specific national impact.

Pilot and flight instructor seeking EB-2 exceptional ability and national interest waiver. Director found substantial merit but denied national importance and NIW. AAO affirmed, concluding petitioner's proposed work training crew members and pilots does not have prospective impact rising to national importance level under Dhanasar.

An anti-bullying educator sought EB-2 NIW for a pedagogical intervention project to reduce bullying in schools. The AAO agreed the endeavor had substantial merit but found insufficient evidence that the specific program would have national importance or influence beyond the schools served.

Marketing consultant entrepreneur sought EB-2 national interest waiver. AAO affirmed dismissal, finding her proposed marketing consulting services lacked national importance under Dhanasar's first prong; the endeavor's benefits would not extend beyond her company and clientele to impact the field or economy broadly.

Financial manager with foreign bachelor's degree in administration sought EB-2 with NIW. Petitioner claimed five years of progressive post-baccalaureate experience as billing analyst. AAO found only four years six months documented, insufficient for EB-2 advanced degree professional eligibility, so dismissed appeal without reaching NIW prongs.

Fitness trainer and yoga instructor sought EB-1A extraordinary ability classification. Claimed six criteria: membership, published materials, judging, original contributions, scholarly articles, and high salary. AAO found membership criterion unmet due to insufficient evidence of outstanding achievement requirements; published materials not in major outlets; and scholarly article written for general public, not learned audience. Overall record lacks sustained acclaim required.

A dance studio owner in Brazil seeking EB-2 exceptional ability classification and national interest waiver. AAO found she failed to meet three of four exceptional ability criteria and lacked the requisite expertise. AAO also found the proposed endeavor lacks national importance under Dhanasar's first prong.

A financial officer holding an advanced degree sought EB-2 with NIW, proposing to serve as CFO of supply chain consulting company. The AAO affirmed denial, finding the proposed endeavor lacked national importance; projected economic benefits and individual company engagement insufficient to meet national importance standard.

Entrepreneur in business and corporate law sought EB-2 NIW. Appeal dismissed on signature deficiency and failure to establish national importance; petitioner focused broadly on energy investment industry rather than specific endeavor, without proving impact beyond secondary effects in narrow area.

Franchise and business management consultant sought NIW to work as entrepreneur providing consulting services. AAO held petition failed because proposed endeavor lacked demonstrated national importance; generalized economic benefits and small business support insufficient without evidence of broader field impact or substantial economic effects.

Civil engineer seeking NIW for screen enclosure construction company in Florida. Claimed national importance through sustainable housing innovation and worker training. AAO held endeavor lacks national importance because it benefits only customers and lacks broader field implications, and training claims were unsupported speculation.

A physical therapist sought an EB-2 national interest waiver to start a private clinic employing ten workers and addressing professional shortages. The AAO dismissed the appeal, holding that a local business, despite hiring U.S. workers and operating in a profession with labor shortages, lacks the national importance required under Dhanasar because the endeavor's impact does not extend beyond its client base.

A real estate investment consultant sought EB-2 NIW to create a platform linking U.S. real estate to Latin American investors. The AAO dismissed because the proposed endeavor lacked national importance: evidence addressed industry significance generally, not the specific endeavor's prospective impact, and no substantial positive economic effects were demonstrated.

A dentist with an advanced degree sought NIW for EB-2 classification based on her proposed endeavor of providing dental care and community oral hygiene education. The AAO agreed with the director that she failed to establish national importance of her specific proposed endeavor. Appeal dismissed.

Aviation maintenance specialist sought EB-2 with NIW for a business offering aviation maintenance services. The AAO held the proposed endeavor lacked national importance under Dhanasar because evidence focused on field importance rather than the specific business's prospective impact on the nation or region.

Chinese stage actor with thirty years experience and director role sought EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner met initial evidentiary criteria but lacked evidence of sustained acclaim or placement among the small percentage at the very top of the field.

Health auditor and entrepreneur with advanced degrees in education, business, and health administration seeks NIW for EB-2. Proposed consulting firm improving workplace health environments. AAO held proposed endeavor has substantial merit but lacks national importance; merely working in important field is insufficient without demonstrating specific endeavor's broader impact.

Aircraft maintenance specialist sought NIW as EB-2 individual of exceptional ability. AAO dismissed, finding petitioner satisfied only one of five claimed exceptional ability criteria and failed to qualify for underlying EB-2 classification. NIW eligibility not reached.

Early childhood education entrepreneur with advanced degree sought national interest waiver for EB-2 employment-based second preference without job offer. AAO affirmed dismissal: proposed daycare business lacked evidence of national importance, broader industry implications, or substantial positive economic effects required under Dhanasar's first prong.

Artist manager who is founder and CEO of an organization seeks EB-1A classification. He claimed to meet three evidentiary criteria. The AAO found he met published material and leading role criteria but not high salary. Because he did not meet the initial requirement of three criteria, final merits analysis showed he lacks sustained national or international acclaim required for extraordinary ability.

A mechanical engineer sought EB-2 NIW to establish a consulting business. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: his proposed consultancy lacked business plan detail, identified no specific clients, and did not demonstrate national importance or significant economic impact.

Voice actor seeking EB-1A extraordinary ability classification. Claimed four evidentiary criteria including published material and commercial success. AAO found criteria for published material and commercial success unmet and did not reach two additional criteria because petitioner failed to establish three required criteria. Appeal dismissed.