Published AAO appeal decisions

An area manager/operational director seeks EB-2 NIW for work in hotel industry expansion in Texas, citing 80% sector growth and federal hospitality initiatives. AAO held the proposed endeavor lacks national importance because petitioner failed to show specific endeavor provides substantial economic benefits and broader implications beyond individual business expansion.

A business manager with advanced degree seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding substantial merit in her proposed business consulting endeavor but no national importance because typical business management duties lack broader implications and she provided only generalizations about economic effects.

A performing artist (actor, producer, theater and film) with fifteen years experience met four evidentiary criteria for EB-1A extraordinary ability. The AAO agreed she satisfied initial evidence requirements but dismissed the appeal, finding the record lacks evidence of sustained national or international acclaim required to demonstrate she is among the very few at the top of her field.

A dietitian and nutritionist with an advanced degree sought EB-2 NIW to open a nutrition clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would benefit only direct patients and lacked evidence of broader societal welfare enhancement or substantial positive economic effects.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.

Accountant seeks national interest waiver for financial consulting business serving small and medium enterprises. AAO held the endeavor has substantial merit but lacks national importance as it does not demonstrate significant potential for broad economic or employment effects, so waiver denied.

A system engineer with a doctorate in management science and engineering seeks EB-2 classification and national interest waiver to operate a digitized international online university. He submitted published articles and job announcements as evidence of positioning. The AAO dismissed the appeal, finding he failed the second prong: his earlier research and cited positions lack sufficient connection to the proposed university endeavor, and the university itself exists only in planning stages.

Entrepreneur in commercial photography, video, podcast and multimedia production seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding proposed business has substantial merit but lacks national importance under Dhanasar; specific venture fails to demonstrate potential to impact field or economy broadly.

Applicant seeking NIW for medical equipment maintenance and repair company. Failed both underlying EB-2 advanced degree requirement (insufficient progressive experience) and national importance element; claimed healthcare efficiency and economic growth benefits without adequate scope or evidence.

A nurse with foreign credentials sought EB-2 advanced degree classification and national interest waiver for a proposed infection control and prevention business. The AAO found her qualified for EB-2 but held her endeavor lacked national importance under Dhanasar; general healthcare articles and claims of potential did not demonstrate concrete impact beyond limited clients.

Professional with advanced degree sought NIW for EB-2 classification to provide environmental and occupational health advisory services without job offer. AAO dismissed appeal because proposed endeavor lacked national importance; petitioner made unsupported claims of alignment with government priorities without evidence of field-wide impact or substantial economic benefits.

A public relations professional claimed extraordinary ability for EB-1A classification. AAO found she failed to meet at least three of ten required criteria. Awards were attributed to employer, not individual. Membership evidence did not establish organizations require outstanding achievements by recognized experts. Record shows successful work but not sustained national or international acclaim.

Civil engineer with foreign advanced degree seeking EB-2 national interest waiver for proposed dredging business. AAO found engineer qualifies for EB-2 but proposed endeavor lacks national importance because evidence shows only localized effects without broader field or regional implications required by Dhanasar framework.

A physician proposing to open a primary care clinic and research institute claimed national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; projected economic benefits (21 jobs, $900,727 in taxes) were insufficient and research details too vague to establish impact beyond local clientele.

Social worker with master's degree seeking NIW for EB-2 classification for self-employment in social services. AAO held petitioner did not establish national importance, as projected job creation and field importance alone insufficient to demonstrate broader impact on social work profession.

A sales director seeking EB-2 with national interest waiver claimed ability to direct organizational sales teams and develop training programs. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance as it would only affect individual partner companies without demonstrating substantial positive economic effects or broader field impact.

Technology professional with advanced degree seeks NIW. AAO reversed director's favorable second-prong finding and affirmed denial: applicant failed to provide sufficient detail on specific proposed endeavor; letters referenced past experience but not concrete U.S. business plans required for Dhanasar analysis.

A human resources and business development manager self-petitioner sought EB-2 national interest waiver for renewable energy work. The AAO dismissed the appeal: while conceding substantial merit and positioning, the record lacked evidence that the proposed endeavor had national importance or would impact the field beyond her company and clients.

Interior designer and entrepreneur seeking NIW for EB-2 classification to expand design business. AAO held petitioner failed to establish national importance of proposed endeavor despite demonstrating substantial merit and being well-positioned to advance it.

Entrepreneur with 18 years business experience sought NIW through company providing sales and revenue services to U.S. businesses. AAO dismissed appeal, finding no national importance; petitioner's professional network and expertise relate to second prong only, not to prospective impact beyond client-specific benefits.

Software and web developer with Brazilian bachelor's degree sought EB-2 advanced degree, exceptional ability, and NIW for malware detection AI platform. AAO affirmed denial: insufficient post-baccalaureate experience and unmet exceptional ability criteria; NIW not reached.

Entrepreneur seeking NIW for retail shoe store business with supply chain focus. AAO dismissed because petitioner failed to establish national importance: proposed sale of shoes lacked broader implications for supply chains at national level, and job creation projections did not demonstrate prospective economic effects commensurate with national importance.

Family relationship coach seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite having substantial merit and petitioner being well-positioned to advance it, because coaching families and training providers would not impact the field broadly as required by Dhanasar.

A petitioner sought EB-2 with national interest waiver for operating a water rescue training facility for law enforcement. AAO affirmed denial, finding the endeavor has substantial merit but lacks national importance. Petitioner failed to show broader industry impact or substantial economic effects beyond his own work.

A hairstylist sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed the appeal because petitioner failed to meet the underlying EB-2 exceptional ability requirements, satisfying only two of six regulatory criteria. National interest waiver analysis was not reached.