Published AAO appeal decisions

A nurse sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to demonstrate national importance of her proposed nursing services endeavor. The decision held that providing nursing services lacks the broader field implications and substantial economic effects required under Dhanasar.

Medical researcher with Ph.D. sought national interest waiver after director found advanced degree eligibility. AAO held all three Dhanasar prongs met: proposed research has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States based on her demonstrated expertise and contributions.

A police sheriff sought national interest waiver for law enforcement or corporate security consulting work. The AAO found the petitioner does not qualify as advanced degree professional and failed to demonstrate her proposed endeavor has national importance beyond specific employers or school programs.

A financial manager self-petitioner sought EB-2 classification with national interest waiver. The Director found substantial merit and national importance but denied overall. The AAO dismissed the appeal, finding the petitioner failed to establish either advanced degree professional or exceptional ability status, making the underlying EB-2 classification prerequisite unmet.

A pilot sought a national interest waiver with EB-2 classification, proposing to work for U.S. airlines and train other pilots. The service center accepted the underlying classification but denied the waiver. The AAO dismissed the appeal because the endeavor lacked demonstrated national importance, and it did not reach the remaining prongs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

Electrical engineer specializing in electric vehicle technology sought EB-2 with national interest waiver. AAO affirmed denial based on failure to establish five years post-baccalaureate experience in specialty. Dhanasar waiver analysis not reached due to threshold failure.

Physical therapist with Brazilian credentials sought EB-2 NIW classification. AAO reversed the Service Center finding and held petitioner failed to establish advanced degree professional status or exceptional ability, with insufficient progressive post-baccalaureate experience, making NIW analysis unnecessary.

Financial manager seeks EB-2 classification as advanced degree professional or individual of exceptional ability, plus NIW. AAO held petitioner failed to establish underlying EB-2 eligibility because evidence did not demonstrate either required advanced degree credentials or exceptional ability; therefore NIW eligibility not reached.

A professor and researcher with PhD sought EB-2 NIW for proposed research endeavor. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor had national importance, petitioner was well positioned to advance it, and waiver would benefit the United States.

Self-petitioner, engineer in electrical and electronics engineering and oil and gas sector, sought NIW for continuation of employment. Met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: training endeavor, though occurring in important industry, affects only specific employer and clients, not field broadly, and lacks national importance.

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

Employer-sponsored public relations manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance under Dhanasar; her proposed work was limited to specific employers and clients without broader economic or field-level impact.

A self-petitioner general operations manager sought NIW classification and waiver as an advanced degree professional or individual of exceptional ability. The AAO dismissed the appeal, finding she failed to establish underlying EB-2 eligibility because her foreign education equivalency and exceptional ability were not sufficiently demonstrated.

Entrepreneur claiming exceptional ability and national interest waiver presented inconsistent evidence about occupational field and job duties. AAO held petitioner failed to establish consistent occupational definition, met only one of six exceptional ability criteria, and thus lacked EB-2 eligibility, making waiver analysis unnecessary.

Director and producer sought EB-2 with national interest waiver. Petitioner did not establish five years of post-baccalaureate experience required for advanced degree professional classification due to inconsistent employment documentation and lack of proper employer letters. AAO dismissed appeal.

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

Individual initially claimed entrepreneur status via luxury car service; later asserted agriculture field. AAO found occupational field description inconsistent and insufficient; could not determine exceptional ability level. Failed to meet EB-2 threshold; NIW analysis declined as issue dispositive.

Drill operator sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii); decision reserved opinion on Dhanasar NIW analysis.

A financial executive sought a national interest waiver for an EB-2 petition. Although the director found the petitioner qualified as advanced degree professional and the endeavor had substantial merit, the AAO affirmed denial, finding the proposed work lacks national importance because it would not impact the finance industry beyond the employer.

Training and development manager sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional or exceptional ability; failed to meet at least three of six regulatory criteria. AAO dismissed appeal.

An accountant sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the occupation and endeavor were not sufficiently identified and exceptional ability was not shown, then declined to reach the waiver. This is not a Dhanasar waiver decision.

An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.

Business management consultant sought national interest waiver claiming endeavor of operational supervision and continuous improvement techniques. AAO held proposed endeavor lacked national importance, finding past company results insufficient to establish broad impact and applicant's qualifications relevant only to subsequent prong. Appeal dismissed.

Tennis coach seeking EB-2 NIW proposed operating a tennis academy. AAO held the specific endeavor lacks national importance despite assertions of tennis benefits and a product innovation; the record does not demonstrate national or global implications within the field or substantial positive economic effects beyond the business.