Published AAO appeal decisions

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

Software engineer with master's degree seeking NIW for cybersecurity work. AAO affirmed SCOPS finding that proposed endeavor lacks national importance under Dhanasar first prong because work limited to employer, not advancing broader industry. Appeal dismissed without reaching second and third prongs.

CEO and trucking-logistics company owner claimed national interest waiver for EB-2. Service center found advanced degree qualification but denied waiver; AAO dismissed appeal, holding proposed endeavor lacks national importance under Dhanasar first prong because revenue data and job projections do not demonstrate substantial regional or national economic effects.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.

Commercial pilot and flight instructor seeks EB-2 classification with national interest waiver. Petitioner failed to establish foreign equivalent to U.S. advanced degree; diploma was three-year credential equivalent to only U.S. bachelor's degree. Intended occupation does not meet profession requirement; petition dismissed.

A program officer in international development with advanced degree seeks EB-2 NIW classification. Petitioner's professional experience in refugee resettlement and development was substantial, but AAO found the specific proposed endeavor lacked evidence of national importance. Appeal dismissed under first Dhanasar prong.

An electrical engineer sought EB-2 national interest waiver. The AAO found petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor of providing engineering services had national importance under the Dhanasar framework. Lacking prospective impact evidence, the petition was dismissed without reaching remaining prongs.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

A civil engineer researcher seeks NIW for EB-2 to continue research on earthquake-resistant geotechnical systems in the U.S. AAO found the endeavor has substantial merit but lacks national importance; no evidence showed broader implications for related industries or nationally significant STEM advancement.

Consultant and entrepreneur proposed establishing consulting company serving SMEs. AAO held the endeavor lacks national importance because petitioner showed only direct client benefits and failed to demonstrate broader field impact at level required by Dhanasar.

An engineering corporation sponsored a cost and project controls engineer for EB-2 with national interest waiver. AAO upheld the denial, finding the specific endeavor lacked national importance despite work on school district capital projects, as it showed no broader field or economic impact beyond individual projects.

Oracle technical consultant seeking national interest waiver for EB-2 advanced degree petition. Petitioner qualified for underlying EB-2 but failed to establish endeavor's national importance; company would benefit individual clients and SMBs without demonstrating broader field, regional, or national impact required by Dhanasar.

An insurance company executive sought EB-2 national interest waiver for a proposed life insurance company. The AAO dismissed the appeal, finding the applicant failed to establish national importance of the specific endeavor, and declined to reach the remaining Dhanasar prongs.

A health promoter with twelve years experience sought NIW as EB-2 member of professions. AAO dismissed, finding proposed health promotion endeavor lacks national importance. Generic health promotion work does not demonstrate impact beyond a specific organization or extend broadly enough to affect the field at national level.

Self-petitioner teacher proposes English language instruction business in Florida targeting legal immigrant communities, claiming alignment with federal immigration priorities. AAO dismissed because petitioner failed to establish national importance; addressing important social issue insufficient; no evidence of broader field impact, substantial economic effects, or nationwide job creation.

Entrepreneur sought EB-2 national interest waiver for eco-friendly furniture manufacturing and consulting business. This is a second motion to reconsider a prior dismissal. The AAO dismissed, finding the petitioner failed to demonstrate the prior appellate decision misapplied Dhanasar framework; economic activity from the proposed endeavor remained too localized.

International development specialist with master's in law sought EB-2 with NIW for power sector finance projects. Service center acknowledged advanced degree eligibility. AAO found proposed endeavor lacked specificity and national importance; petitioner's accomplishments misdirected in first Dhanasar prong analysis. Appeal dismissed.

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were not addressed.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

A research scientist self-petitioned for EB-2 national interest waiver based on her proposed machine learning and single-cell RNA research. The AAO dismissed because the proposed endeavor lacked demonstrated national importance beyond the importance of the field itself. The record provided only generalized information and publication citations unrelated to the specific endeavor's broader impact.

Nanotechnology scientist in renewable energy seeking EB-2 with national interest waiver. Petitioner holds advanced degree and established proposed endeavor has substantial merit and national importance through research dissemination plans. AAO reversed SCOPS denial on first prong and remanded for analysis of remaining Dhanasar criteria.

Environmental engineer claims NIW eligibility for research on water treatment and scale formation processes. AAO held proposed endeavor lacks sufficient national importance despite substantial merit; citations and industry reports insufficient to establish specific prospective impact at national level.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

An automotive quality manager sought EB-2 NIW classification. Although the Director found substantial merit and that the petitioner was well-positioned to advance automotive quality improvements, the AAO affirmed dismissal, finding insufficient evidence of national importance beyond general industry benefits.