Published AAO appeal decisions

Interior designer on student visa sought EB-2 NIW under advanced degree or exceptional ability. AAO dismissed appeal, finding petitioner failed underlying EB-2 qualification; degree did not meet four-year requirement, experience evidence insufficient, and exceptional ability criteria unsatisfied; NIW not addressed.

Flight instructor with ratings from four countries seeking EB-2 and national interest waiver. Petitioner met three exceptional ability criteria and underwent final merits determination. AAO affirmed denial, finding petitioner's training work does not have prospective impact rising to national importance under Dhanasar framework.

Project manager sought EB-2 NIW for asset management consulting business serving small and medium businesses. AAO found substantial merit in endeavor but no national importance; evidence of industry shortage and professional network support did not establish prospective impact beyond individual clients or substantial employment or economic effects.

Tourism industry consultant sought EB-2 with NIW. AAO held petitioner established EB-2 eligibility as advanced degree professional with substantial merit for proposed endeavor but failed to show national importance; consulting services lack broader implications beyond specific clients.

An entrepreneur seeking EB-2 with national interest waiver for a consulting firm providing channel management and sales force effectiveness services. AAO affirmed dismissal because petitioner failed to establish national importance despite having substantial merit; claimed job creation and economic benefits were not adequately documented as substantially exceeding typical small business operations.

Architect seeking NIW for EB-2 to work as project manager in civil engineering and construction. Petitioner claimed endeavor would provide substantial economic benefits through labor, materials, and employment. AAO held endeavor lacks national importance; generic industry reports insufficient; no empirical projections demonstrate national-level economic effects.

A systems engineer self-petitioner seeking EB-2 classification with national interest waiver. The AAO dismissed, finding although the endeavor had substantial merit and the petitioner qualified as an advanced degree professional, it lacked national importance because the work would not impact the field broadly or generate measurable economic benefits beyond his employer.

A petitioner proposes to provide consulting and marketing services to automotive companies to improve profitability and processes. AAO held the proposed endeavor lacks national importance because submitted articles address industry importance, not the specific endeavor's national or global impact, and petitioner failed to demonstrate benefits rising to national significance.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Financial manager sought EB-2 with national interest waiver for proposed financial consultancy services company. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient detail on business plans or how services would achieve scale necessary for substantial positive economic effects.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

Financial manager sought EB-2 with national interest waiver to provide administrative and financial advice to small and medium businesses affected by COVID-19. AAO dismissed, finding the endeavor lacks national importance and petitioner was not well positioned to advance it.

A pilot seeks an NIW for EB-2 classification proposing to become a flight instructor. He argued a national pilot shortage demonstrates national importance. The AAO held that a nationwide shortage in the profession does not establish that his specific proposed endeavor has national importance or would broadly impact the field.

Financial manager sought EB-2 NIW. Proposed business: providing financial auditing and management services to small enterprises to combat corruption and improve operations. AAO found substantial merit but no national importance; business benefits limited to individual clients without broader industry or societal implications demonstrated.

Entrepreneur with supervisory and management experience sought NIW for exceptional ability classification. AAO dismissed because petitioner failed to meet the three exceptional ability criteria and, on final merits, did not demonstrate expertise significantly above peers. National importance of proposed endeavor was also unestablished.

A nurse sought EB-2 classification, as an advanced degree professional or an individual of exceptional ability, together with a national interest waiver. The AAO dismissed the appeal because the nurse met neither EB-2 category, with no showing of expertise above the ordinary, and so did not reach the waiver framework.

A business manager sought NIW for pharmaceutical distribution work. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; it showed no broader implications in business management or pharmaceutical distribution beyond serving specific clients.

Industrial engineer sought EB-2 with national interest waiver to provide machinery maintenance and engineering services. AAO dismissed appeal, finding the proposed endeavor lacks national importance as it would not extend beyond the company and its clients to impact the industry broadly.

A fitness director proposing to provide fitness services through her business in Florida. Director found substantial merit but not national importance. AAO agreed; petitioner's services and business lack prospective impact beyond direct clients and do not rise to national importance level.

Architect sought EB-2 with NIW for proposed venture in affordable disaster-resilient housing. AAO agreed substantial merit established but affirmed denial, finding petitioner conflated national importance of field with national importance of specific proposed venture; no demonstrated prospective impact.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

An assistant professor self-petitioned for EB-1A extraordinary ability, claiming six criteria. The AAO dismissed, finding she satisfied only two (judging and scholarly articles): she needed three. The award lacked national recognition, and the aggregate record did not establish sustained acclaim or membership in the very top of her field.

Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.