Published AAO appeal decisions

Entrepreneur in aesthetic and cosmetic nursing seeking NIW for EB-2. Claimed her proposed clinic would have national importance and benefit U.S. healthcare. AAO held endeavor lacks national importance because it benefits only her clinic patients, not the field broadly, and business plan lacks sufficient evidence of broader impact.

A vocational counselor and entrepreneur seeking EB-2 with national interest waiver. Claimed endeavor would help individuals enter workforce sustainably. AAO dismissed, finding the proposed work lacked national importance because it relied on the importance of the field rather than demonstrating specific endeavor impact beyond local scope.

Trade specialist seeks EB-2 with national interest waiver. Claimed proposed international trade consulting endeavor has substantial merit and national importance. AAO held endeavor lacks national importance because individual consulting to small businesses, though in important field, does not demonstrate broader implications needed for waiver.

Attorney sought EB-2 NIW for sustainable investment and renewable energy work. Initial proposal for legal/tax expertise in private equity shifted to biogas distributor ownership during RFE response. AAO dismissed: Dhanasar framework cannot apply to inconsistently articulated endeavors; petitioner's multiple reversals prevented evaluation of merit and national importance.

A business manager in transport administration sought NIW classification for EB-2. The AAO dismissed the appeal, holding that while the proposed endeavor has substantial merit, it lacks national importance because the record shows no broader implications for the industry, significant employment potential, or substantial positive economic effects beyond specific employers.

A general and operations manager sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance under Dhanasar because it failed to demonstrate how services would impact the field broadly, have significant employment potential, or produce substantial economic effects beyond specific employers.

An inventor and entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial because petitioner failed to meet three of six exceptional ability criteria and lacked ten years full-time experience. Without EB-2 eligibility, NIW was unreachable and petition remains denied.

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore reserved and not decided.

Medical technologist seeking NIW for diagnostic testing quality control work. Claimed endeavor has national importance due to field significance and pandemic impact. AAO held endeavor has substantial merit but lacks national importance; petitioner confused field importance with specific endeavor impact and provided no evidence of broader implications.

A former professional soccer player in Brazil seeks NIW for EB-2 as individual of exceptional ability to establish soccer development business. Petitioner claimed six evidentiary criteria for exceptional ability. AAO found petitioner fails to meet exceptional ability requirements and does not establish national importance of proposed endeavor under Dhanasar first prong, dismissing appeal.

Executive and business owner seeking NIW claimed his beverage manufacturing and distribution endeavor addresses obesity and has national importance. AAO held the endeavor lacks national importance because it would not demonstrate broad benefits or economic impacts beyond specific business operations.

Inventor and entrepreneur seeking EB-2 NIW claimed patent applications and competition wins as evidence. AAO held petitioner failed to establish exceptional ability under regulatory criteria and did not qualify for EB-2 classification, so NIW eligibility was not reached.

A self-petitioner seeking EB-2 national interest waiver as entrepreneur proposed an after-school bilingual childcare program. The AAO dismissed the appeal, finding the endeavor lacked national importance: generalized evidence about education and bilingualism did not establish how this specific startup would have broader field implications or substantial economic effects.

Pharmacist and entrepreneur sought NIW to operate business providing parenteral nutrition products. AAO affirmed denial, finding petitioner failed to describe proposed endeavor with sufficient specificity and provide corroborating evidence that business activities would achieve substantial national economic impact.

Image strategist and personal stylist entrepreneur sought EB-2 national interest waiver. AAO affirmed denial, finding the proposed fashion business had substantial merit but lacked national importance, as it would not impact the fashion field broadly and showed no nationally significant economic or social benefits.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Art teacher with seventeen years experience sought EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; waiver analysis was reserved and not decided.

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.

A pilot with advanced degree sought NIW claiming pilot shortage and aviation industry importance. AAO held the proposed endeavor lacked national importance because working in an important field is insufficient and petitioner did not show how individual work would significantly impact the industry or economy broadly.

A marketing specialist sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five of six exceptional ability criteria on appeal. The AAO found only the degree criterion met, since experience, salary, membership and recognition evidence fell short, and so reserved the Dhanasar analysis and dismissed the appeal.