Published AAO appeal decisions

Medical researcher with advanced degree sought national interest waiver for EB-2. AAO held proposed research has substantial merit and national importance but petitioner not well positioned to advance it, lacking documented plan, prior success in similar efforts, or evidence of led funded research projects.

An industrial production management consultant self-petitioning for EB-2 NIW sought to establish a consulting business providing operational efficiency services. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance beyond local business impacts and employment projections, failing the first Dhanasar prong.

Registered nurse with advanced degree sought national interest waiver for preventive healthcare program in rural and underserved communities but failed first Dhanasar prong; while addressing important public health need, proposed endeavor lacked demonstrated national importance or broader field implications required by precedent.

An assistant professor in classics sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor—study of ancient inscriptions, preservation of epigraphical resources, and classics teaching—has substantial merit but lacks the requisite national importance under Dhanasar's first prong, and did not address the remaining prongs.

A truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. The AAO dismissed a motion to reopen and reconsider, finding the petitioner did not meet three required criteria and that the mechanic field may not fall within statutory parameters for this visa category.

A petitioner sought NIW EB-2 classification but the service center denied it without adequately analyzing the evidence. The AAO remanded, finding the service center did not properly discuss the petitioner's detailed endeavor description, did not evaluate factors in totality for the second prong, and did not adequately weigh considerations for the third prong.

CEO of automobile detailing and product retail company claims NIW for business expansion to New Jersey and California. AAO held endeavor lacks national importance; vague expansion plans without specific locations prevent establishing significant employment or economic effects.

Civil engineer and researcher with Master's degree seeks NIW for waterborne disease framework research. AAO dismissed, finding petitioner met first two Dhanasar prongs but failed the third: while endeavor involves critical emerging technology, evidence did not show national interest urgent enough to waive labor certification.

Structural engineer self-petitioner sought NIW for EB-2 based on sustainable construction and project management services. AAO affirmed Service Center denial, finding the specific endeavor lacked national importance despite working in an important field; modest scope and unsubstantiated economic projections insufficient.

A researcher with a doctoral degree sought a national interest waiver for an EB-2 petition proposing work on substance use disorder treatment. The AAO affirmed dismissal because the petitioner failed to demonstrate national importance of her proposed endeavor despite working in an important field, lacking specific independent evidence comparable to expert letters required.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.

HR manager and entrepreneur sought EB-2 NIW to establish consulting firm. AAO found she lacked advanced degree equivalency and that her proposed endeavor, though having substantial merit, failed to demonstrate national importance because it would not impact the HR field broadly or generate substantial economic effects beyond her future clients.

An employer petitioned for an assistant vice president to receive EB-2 national interest waiver. The beneficiary met the advanced degree requirement but the AAO affirmed dismissal because the proposed endeavor lacked national importance, showing only employer-specific benefits. The AAO did not address the remaining Dhanasar prongs.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.

Biomedical scientist sought EB-2 with national interest waiver for genetic research on medical conditions. AAO found petitioner failed to establish advanced degree eligibility due to translation deficiencies and did not demonstrate national importance of proposed endeavor, lacking specific prospective impact evidence.

An entrepreneur and training specialist sought an NIW after obtaining an advanced degree. The appeal was dismissed as moot because the petitioner obtained permanent resident status through an approved petition before the AAO decision.

Software engineer proposed AI and machine learning voice biometrics authentication system as self-petitioner for national interest waiver. AAO dismissed appeal because the specific endeavor lacked sufficient national importance, finding alignment with government initiatives and field importance alone insufficient without concrete economic impact projections.

An airline pilot sought NIW for EB-2 to work as a pilot and flight instructor. The AAO affirmed dismissal because the proposed endeavor lacked national importance; the petitioner conflated the general importance of the aviation industry with a specific, nationally significant undertaking and did not explain how his work would positively impact the economy on a broad scale.

An aircraft mechanic and technician sought EB-2 classification based on exceptional ability together with a national interest waiver. The appeal was dismissed because, although three initial criteria were met, he did not show expertise significantly above that of others in the field; the waiver was not reached.

A postdoctoral researcher in plant genetics sought EB-2 NIW classification through self-petition. The applicant demonstrated all three Dhanasar prongs: the research on plant resistance has national importance, the researcher has proven expertise and track record, and the U.S. benefits from the advanced STEM work. The appeal was sustained.

Engineer and researcher in clinical tissue engineering and transplantation seeking EB-2 advanced degree classification and national interest waiver. AAO affirmed that petitioner qualified as advanced degree professional but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance proposed endeavor; education and publications insufficient without demonstrated record of success.

An avant-garde pop artist sought NIW for EB-2. The AAO found she met exceptional ability criteria but dismissed because her proposed endeavor lacks national importance. Expert letters discussing art's general value did not demonstrate how her specific work would benefit the U.S. economy or employment.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.

Industrial engineer and entrepreneur proposed engineering consulting business in Florida focused on sustainability and efficiency. Petitioner failed to demonstrate national importance despite sustainability framework; modest employment projections and vague project specifics lacked evidence of broader impact.

Science and chemistry teacher sought EB-2 NIW claiming endeavor to advance STEM education. AAO affirmed denial, holding classroom teaching activities, while meritorious, lack demonstrated impact on STEM education field broadly; importance of STEM field and teacher shortage insufficient without specific evidence of proposed endeavor national importance. Second and third prongs reserved.