Published AAO appeal decisions

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

A pharmacist sought EB-2 NIW for establishing a pharmaceutical consulting company. The AAO found the proposed endeavor had substantial merit but failed the national importance prong because the petitioner did not demonstrate how the specific consulting services would impact the pharmaceutical industry or broader economy at a national level.

Construction operations manager sought EB-2 national interest waiver for project management business. AAO dismissed, finding proposed endeavor lacked national importance; petitioner's construction experience and business plan projecting eight new jobs insufficient to show impact beyond company and clients or substantial economic effects.

Home health aide sought NIW as EB-2. Petitioner claimed her services would improve patient outcomes, reduce healthcare facility burden, and promote economic growth. AAO found substantial merit but denied national importance because work would not demonstrate impact beyond individual patients or meaningful support of regional or national initiatives.

Self-petitioner military entrepreneur sought EB-2 NIW for company selling military equipment and consulting. AAO held his foreign bachelor's degree lacked equivalency to U.S. baccalaureate, rendering him ineligible for EB-2 advanced degree classification; NIW prongs not reached.

A civil engineer sought NIW to operate a construction and sustainability consulting company. The AAO dismissed the appeal, finding substantial merit but no national importance; claimed worker shortage and industry importance insufficient without evidence of this specific endeavor's projected economic impact or broader field implications.

General operations manager sought NIW to own and operate virtual specialty food distribution market. AAO affirmed denial because petitioner failed to establish national importance; proposed endeavor lacked evidence of broader impact on industry, business formation, or substantial economic effects beyond her company.

Specialist in automotive paintless dent repair seeks NIW for EB-2 exceptional ability classification to operate repair facility. AAO dismissed appeal, finding petitioner failed to meet three of six evidentiary criteria for exceptional ability; expertise does not stand out in field; NIW eligibility thus not reached.

A financial manager sought EB-2 classification with NIW for a business providing financial management services to small and medium enterprises. The AAO dismissed, finding the endeavor lacked both national importance and demonstrated positioning, as benefits were limited to direct clients without national implications.

Postdoctoral research associate in immunology/pathology met three initial EB-1A criteria: judging, scholarly articles, and published material. AAO dismissed appeal holding peer review, publication, and citations are routine for researchers and do not demonstrate sustained national/international acclaim or top-of-field status required.

Entrepreneur sought EB-2 national interest waiver for refrigeration equipment sales and service business. AAO dismissed appeal, finding proposed endeavor lacks national importance: generalized industry information irrelevant; employment of eighteen workers and local benefits insufficient to demonstrate broader implications or substantial national economic effects.

Human resources manager sought EB-2 with NIW to own and operate HR consulting firm as CEO. AAO affirmed denial, finding proposed endeavor lacks national importance; credentials and business projections do not demonstrate impact beyond prospective clients and company.

Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.

An entrepreneur in physical therapy sought self-petitioned EB-2 NIW to operate a mobile physical therapy clinic with training programs. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; the endeavor lacked broader implications for the field beyond direct patient and trainee benefits.

Entrepreneur from Brazil seeking EB-2 as individual of exceptional ability for private security firm. Failed to meet underlying EB-2 exceptional ability requirement; lacked direct experience as chief executive of security firm and credentials above field norm.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

Information technology consultant proposing software development and tracking technology consulting company, seeking EB-2 with national interest waiver. Claimed endeavor has national importance given IT industry criticality and software engineer shortage. AAO found no sufficient evidence demonstrating proposed endeavor would substantially impact national shortages or offer broader field implications.

Audiovisual production entrepreneur sought NIW for business marketing small and medium enterprises in underserved areas. AAO dismissed appeal, finding substantial merit but no national importance. Unsubstantiated projections and lack of demonstrated broader field impact failed Dhanasar first prong.

Entrepreneur in logistics operations sought NIW as EB-2 advanced degree professional, proposing to establish a freight transport company. AAO dismissed appeal, finding petitioner lacked five years progressive experience and proposed endeavor lacked national importance despite job creation and revenue claims.

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

A human resources management specialist sought EB-2 classification as a person of exceptional ability plus a national interest waiver. The AAO found she met only two of six exceptional-ability criteria; appeal dismissed without reaching national interest waiver analysis.

Legal consultant in Brazilian and international law sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner's specific endeavor lacked national importance under Dhanasar's first prong despite petitioner's substantial credentials and field importance.

An entrepreneur in home health care sought NIW under EB-2 as advanced degree professional. The AAO found the proposed business demonstrated substantial merit but lacked national importance; projected revenues and jobs were insufficient to show broader field or regional economic impact. Appeal dismissed.

Petroleum engineer proposes work on cost-effective, environmentally sustainable hydrocarbon recovery using digital technologies for oil and gas operators. Claimed national importance addressing U.S. energy security and sector innovation. AAO affirmed denial: statements emphasize personal expertise rather than specific endeavor scope; lacks detailed plan or evidence the work extends beyond prospective employer to impact industry broadly.

The petitioner is a research scientist in functional genomics who sought extraordinary ability classification after the service center found neither a major international award nor three of the ten evidentiary criteria. The AAO dismissed the appeal as moot because she had since become a permanent resident through another petition.