Published AAO appeal decisions

Psychologist seeking EB-2 with national interest waiver. Director found proposed endeavor had substantial merit but petitioner failed to establish national importance. Appeal dismissed; AAO affirmed national importance finding without reaching remaining Dhanasar prongs.

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

A graphical design entrepreneur sought exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to contest the director's adverse final merits determination on appeal, constituting waiver of a dispositive issue that made overall eligibility impossible.

Entrepreneur in commercial flooring sought EB-2 NIW. AAO withdrew Director's advanced degree finding due to deficient work experience letters, but affirmed NIW denial. Proposed business lacked demonstrated national importance; claimed strategic approaches and product diversity offered only incremental benefits.

IT project manager sought NIW for EB-2 advanced degree or exceptional ability classification without job offer. AAO dismissed appeal because the proposed IT project management services lacked national importance; petitioner made unsupported claims without evidence of field-wide impact or substantial economic benefits.

Education administrator with advanced degree seeking EB-2 NIW for business expansion consultancy to schools. Petitioner qualified for underlying classification but failed Dhanasar first prong; prior academic and employment experience and general industry information insufficient to establish national importance.

A wholesale and retail food distributor with advanced degree sought NIW. AAO found substantial merit in the proposed endeavor but concluded it lacks national importance because benefits remain confined to the petitioner's customers without reaching regional or national economic significance.

A financial manager sought NIW for EB-2 as advanced degree holder or individual of exceptional ability. AAO dismissed appeal because petitioner lacked advanced degree and failed to meet exceptional ability criteria; NIW analysis reserved.

Communications specialist in film and television seeking EB-2 with NIW. Qualified for EB-2 advanced degree category. AAO found proposed work has substantial merit but not national importance; a single communications specialist's benefits too limited to advance field or boost economy nationally.

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

Commercial airline pilot sought EB-2 NIW for training on the A350 aircraft. AAO dismissed appeal after applicant failed to address Director's underlying EB-2 qualification findings and provided only post-filing certificates. Endeavor lacked demonstrated national importance despite having substantial merit.

Self-petitioner proposing fraud risk and prevention consultancy sought NIW. AAO affirmed denial: while endeavor had merit, it lacked national importance. Evidence of job experience and industry importance relate to second prong, not first; business plan and letters did not show specific prospective impact at national level.

Lawyer seeking NIW for EB-2 advanced degree classification to establish law practice facilitating cross-border transactions. AAO held petitioner failed to demonstrate national importance of proposed endeavor, as projected revenue and client benefits lack broader implications for legal services industry or economy.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

Software quality assurance expert seeking EB-2 with national interest waiver claimed endeavor in consultancy and workforce training had national importance. AAO dismissed appeal, finding his proposed services lacked sufficient prospective impact beyond his company and clientele to rise to national importance level required by Dhanasar first prong.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.

A security management specialist proposes to establish a security services business and claims exceptional ability. The AAO dismissed the appeal because the petitioner failed to meet at least three of six regulatory criteria for exceptional ability under the EB-2 classification, rendering NIW analysis unnecessary.

An entrepreneur and fiscal analyst sought NIW with exceptional ability classification. AAO dismissed because petitioner failed to meet three of six exceptional ability criteria; underlying EB-2 classification not established, making NIW analysis unnecessary.

An environmental manager with advanced degree seeks NIW for environmental sustainability and compliance company. Claimed alignment with federal environmental initiatives and national importance. AAO dismissed appeal, finding specific proposed endeavor lacks national importance; general field importance and unsupported revenue projections insufficient to demonstrate broader implications or substantial economic impact.

IT education entrepreneur sought EB-2 NIW classification. Petitioner claimed substantial merit and national importance of his proposed business venture. AAO found the specific proposed endeavor lacked sufficient prospective impact, broader implications, employment potential, or economic effects to demonstrate national importance, dismissing the appeal.

Cybersecurity engineer sought NIW as EB-2 advanced degree professional. AAO found proposed consultancy has substantial merit but lacks national importance because record fails to show specific endeavor's prospective impact of national scope or scale.

Commercial manager sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed commercial strategy endeavor under Dhanasar framework; evidence showed only personal or employer-specific benefit.

Advanced degree professional sought EB-2 with NIW for business executive and educator role. AAO dismissed because petitioner failed first Dhanasar prong: no evidence that proposed endeavor has national importance or substantial positive economic effects commensurate with waiving job offer requirement.

A high school mathematics teacher seeking EB-2 with national interest waiver for developing online lesson plans with adaptive learning. Initially approved, then revoked. AAO dismissed on de novo review, finding the endeavor lacked national importance as it only impacted the petitioner's classroom without broader field implications.

Administrative services manager sought NIW for EB-2 to operate motor vehicle maintenance and repair shop. AAO dismissed appeal; proposed endeavor lacks national importance despite projected employment; does not differ from countless other automotive service businesses nationwide.