Published AAO appeal decisions

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Financial manager sought EB-2 with national interest waiver for proposed financial consultancy services company. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient detail on business plans or how services would achieve scale necessary for substantial positive economic effects.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

Financial manager sought EB-2 with national interest waiver to provide administrative and financial advice to small and medium businesses affected by COVID-19. AAO dismissed, finding the endeavor lacks national importance and petitioner was not well positioned to advance it.

A pilot seeks an NIW for EB-2 classification proposing to become a flight instructor. He argued a national pilot shortage demonstrates national importance. The AAO held that a nationwide shortage in the profession does not establish that his specific proposed endeavor has national importance or would broadly impact the field.

Financial manager sought EB-2 NIW. Proposed business: providing financial auditing and management services to small enterprises to combat corruption and improve operations. AAO found substantial merit but no national importance; business benefits limited to individual clients without broader industry or societal implications demonstrated.

Entrepreneur with supervisory and management experience sought NIW for exceptional ability classification. AAO dismissed because petitioner failed to meet the three exceptional ability criteria and, on final merits, did not demonstrate expertise significantly above peers. National importance of proposed endeavor was also unestablished.

A nurse sought EB-2 classification, as an advanced degree professional or an individual of exceptional ability, together with a national interest waiver. The AAO dismissed the appeal because the nurse met neither EB-2 category, with no showing of expertise above the ordinary, and so did not reach the waiver framework.

A business manager sought NIW for pharmaceutical distribution work. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; it showed no broader implications in business management or pharmaceutical distribution beyond serving specific clients.

Industrial engineer sought EB-2 with national interest waiver to provide machinery maintenance and engineering services. AAO dismissed appeal, finding the proposed endeavor lacks national importance as it would not extend beyond the company and its clients to impact the industry broadly.

A fitness director proposing to provide fitness services through her business in Florida. Director found substantial merit but not national importance. AAO agreed; petitioner's services and business lack prospective impact beyond direct clients and do not rise to national importance level.

Architect sought EB-2 with NIW for proposed venture in affordable disaster-resilient housing. AAO agreed substantial merit established but affirmed denial, finding petitioner conflated national importance of field with national importance of specific proposed venture; no demonstrated prospective impact.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

A pharmacist sought EB-2 NIW for establishing a pharmaceutical consulting company. The AAO found the proposed endeavor had substantial merit but failed the national importance prong because the petitioner did not demonstrate how the specific consulting services would impact the pharmaceutical industry or broader economy at a national level.

Construction operations manager sought EB-2 national interest waiver for project management business. AAO dismissed, finding proposed endeavor lacked national importance; petitioner's construction experience and business plan projecting eight new jobs insufficient to show impact beyond company and clients or substantial economic effects.

Home health aide sought NIW as EB-2. Petitioner claimed her services would improve patient outcomes, reduce healthcare facility burden, and promote economic growth. AAO found substantial merit but denied national importance because work would not demonstrate impact beyond individual patients or meaningful support of regional or national initiatives.

Self-petitioner military entrepreneur sought EB-2 NIW for company selling military equipment and consulting. AAO held his foreign bachelor's degree lacked equivalency to U.S. baccalaureate, rendering him ineligible for EB-2 advanced degree classification; NIW prongs not reached.

A civil engineer sought NIW to operate a construction and sustainability consulting company. The AAO dismissed the appeal, finding substantial merit but no national importance; claimed worker shortage and industry importance insufficient without evidence of this specific endeavor's projected economic impact or broader field implications.

General operations manager sought NIW to own and operate virtual specialty food distribution market. AAO affirmed denial because petitioner failed to establish national importance; proposed endeavor lacked evidence of broader impact on industry, business formation, or substantial economic effects beyond her company.

Specialist in automotive paintless dent repair seeks NIW for EB-2 exceptional ability classification to operate repair facility. AAO dismissed appeal, finding petitioner failed to meet three of six evidentiary criteria for exceptional ability; expertise does not stand out in field; NIW eligibility thus not reached.

A financial manager sought EB-2 classification with NIW for a business providing financial management services to small and medium enterprises. The AAO dismissed, finding the endeavor lacked both national importance and demonstrated positioning, as benefits were limited to direct clients without national implications.