Published AAO appeal decisions

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

Entrepreneur and financial manager with advanced degree sought NIW for EB-2 to provide business formation training and financial advice to entrepreneurs and women entrepreneurs. AAO dismissed because evidence lacked probative value and did not demonstrate national importance beyond serving specific clientele.

A beverage bottling industry business developer sought EB-2 classification with NIW. The AAO dismissed, finding the proposed quality consulting endeavor lacked national importance, as it was limited to client work in manufacturing efficiency without demonstrated broader implications for the bottling industry.

Postdoctoral research fellow in biomedical engineering claimed extraordinary ability. Met three initial criteria: judging, original contributions, and scholarly articles. AAO held petitioner failed to demonstrate sustained national or international acclaim or placement among the very top in the field, citing lack of citation impact and insufficient evidence of upper-echelon status.

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Advanced degree professional proposed to serve as master consultant in human management and corporate wellness, particularly for healthcare workers. AAO found the endeavor has substantial merit but lacks evidence of national importance, failing the first prong of the Dhanasar test for NIW eligibility.

A teacher seeking to establish a company offering ADHD training for parents and educators claimed national interest waiver eligibility. The AAO found the endeavor has substantial merit but lacks national importance because it would only benefit her direct clients without sufficient broader implications for the field or economy.

A veterinarian sought EB-2 classification with NIW for a mobile veterinary services business. The AAO dismissed, finding the proposed endeavor lacked national importance despite qualifying as exceptional ability, as benefits were limited to individual clients without broader implications for the veterinary profession.

A production designer and student sought EB-1A extraordinary ability classification. She claimed six evidentiary criteria but satisfied only one. The AAO dismissed her appeal, finding she failed to establish at least three criteria: the award was not hers and not nationally recognized, and published material concerned her employer, not her work.

Data scientist sought EB-2 classification with NIW, proposing to provide data science services through his own company in Massachusetts. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it would not sufficiently impact the field or U.S. economy beyond serving prospective clients.

A biomedical engineer researcher sought EB-1A classification. The AAO affirmed that he met three initial criteria but dismissed his appeal, finding he failed to demonstrate sustained national or international acclaim or that he ranks among the very top of his field despite accomplishments.

Trade finance and operations management entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to show his proposed consulting company would have prospective impact rising to national importance; establishing an SME consulting service in HUBZone areas, without demonstrated substantial economic benefits, does not meet Dhanasar prong one.

An accountant with a Brazilian accounting degree sought EB-2 national interest waiver. The AAO found he did not hold a U.S.-equivalent advanced degree and his proposed accounting endeavor lacked national importance, affecting only individual employers without field-wide impact.

A dental assistant sought EB-2 NIW to establish a cooperative offering training programs and employment placement for dental assistants. The AAO affirmed dismissal because the proposed endeavor lacked national importance: the training was readily available in the U.S. with no broader industry implications, and projected economic impact was client-specific only.

A civil engineer in sustainable development consulting seeks an EB-2 national interest waiver. The AAO affirmed the service center's denial because the petitioner did not demonstrate the proposed endeavor has national importance: the business plan showed limited job creation and insufficient economic impact to rise to national significance.

Real estate entrepreneur sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner failed to demonstrate five years progressive post-baccalaureate experience in specialty; employment letters lacked required employer details and did not show progressive experience.

A nutritional supplement entrepreneur sought EB-2 with NIW. The AAO found he lacked five years of progressive post-degree experience required for advanced degree equivalency. On NIW merits, his proposed business showed substantial merit but not national importance; job creation of seven positions lacked adequate explanation of substantial positive economic effects.

A nutritionist with advanced degree sought NIW for self-employment in school cafeteria consulting and nutritional training. AAO dismissed because the proposed endeavor lacked demonstrated national importance; general industry importance and educational benefits insufficient under Dhanasar.

Legal consultant sought EB-2 classification with NIW for legal consulting work. AAO affirmed Director's finding that while the endeavor has substantial merit, it lacks national importance because record showed no projected economic impact or job creation sufficient to demonstrate substantial effects benefiting U.S. economy.

A project manager sought EB-2 NIW to start a management consulting company. Although meeting underlying EB-2 eligibility, the AAO dismissed the appeal because the petitioner failed the first Dhanasar prong: consulting services to individual clients lacked evidence of broader industry impact or national importance.

Materials engineer sought NIW for fuel cell research work. AAO affirmed denial, finding the proposed laboratory activities lacked national importance despite work in a critical STEM field. Specific endeavor did not demonstrate broader implications or potential for significant employment or economic effects beyond employer.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.

A nurse sought EB-2 classification and a national interest waiver as a nurse educator and researcher. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance; field shortages and general assertions insufficient without specific impact evidence.

A jiu-jitsu athlete self-petitioned for EB-1A extraordinary ability status, claiming five evidentiary criteria. The AAO found awards established one criterion but rejected membership and judging as not meeting regulatory requirements. The decision concluded the petitioner lacked the sustained acclaim and top-tier recognition required for the classification.