Published AAO appeal decisions

A petitioner sought NIW for an educational technology platform to improve STEM education. The AAO affirmed dismissal because the specific proposed endeavor lacked national importance. Although STEM education has merit, the petitioner failed to demonstrate how the platform would broadly impact the field beyond its prospective students or achieve substantial economic effects.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Tourism director from Ministry of Commerce seeks EB-2 advanced degree professional and national interest waiver. AAO found petitioner failed first Dhanasar prong: no sufficiently detailed or specific proposed endeavor identified. Appeal dismissed.

Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.

Operations manager sought NIW, describing proposed endeavor variously as general corporate optimization and then sustainable fast-casual dining. AAO dismissed appeal because petitioner failed to consistently articulate the endeavor's nature, making analysis under Dhanasar framework impossible.

Real estate and construction entrepreneur sought NIW for affordable housing venture. AAO found substantial merit but no national importance. Company's local impact and job creation insufficient; claimed ripple effects and replicable methodology unsupported by documentary evidence of broader industry transformation.

Computer systems engineer with advanced degree sought NIW. AAO adopted Director's finding that substantial merit shown but national importance not established. Petitioner's appeal reiterated prior arguments without identifying legal or factual error; no individualized reconsideration of evidence required.

Power systems project manager with advanced degree petitioned for NIW based on employment with electrical systems company. Claimed all three Dhanasar prongs. AAO found endeavor lacks national importance beyond employer and customers, lacks broader industry implications, and dismissed appeal without addressing remaining prongs.

Helicopter pilot sought NIW for EB-2 exceptional ability classification to work in medical air transport without job offer. AAO dismissed appeal because proposed work lacked national importance despite claims of public health benefits; endeavor did not demonstrate broader field impact or substantial societal welfare enhancement.

Speech-language pathologist holding foreign bachelor's degree equivalent sought national interest waiver. Did not establish five years progressive experience for advanced degree professional status. Proposed endeavor providing patient care lacked national importance as it would impact only direct clients. Appeal dismissed.

Software developer and technology trainer with master's degree sought EB-2 NIW for improving STEM access among Hispanic population. AAO dismissed appeal, finding substantial merit but lack of national importance; general reports on equity in STEM insufficient without specific evidence of endeavor's prospective impact.

Physical fitness entrepreneur seeking EB-2 national interest waiver. Claimed endeavor has substantial merit and national importance through job creation and economic benefits. AAO found substantial merit but no national importance because evidence did not demonstrate broader field impact or adequate economic scale.

Marketing entrepreneur seeking EB-2 national interest waiver. Claimed endeavor generates jobs and economic benefits with national importance. AAO agreed substantial merit was established but found no national importance because evidence showed only localized impact to immediate clients without broader field influence.

An anti-corruption and investigations specialist sought EB-2 with national interest waiver for police department work. The AAO dismissed the appeal, finding the petitioner ineligible for the underlying EB-2 classification and that the proposed endeavor lacked national importance under Dhanasar's first prong.

Entrepreneur in real estate construction sought EB-2 NIW. Director found advanced degree but denied waiver. AAO affirmed: proposed endeavor had merit but lacked national importance; expanding company and creating jobs in affordable housing insufficient to demonstrate prospective impact beyond petitioner's own operations.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.

Dentist qualified as EB-2 advanced degree professional but sought national interest waiver. AAO dismissed appeal, finding her proposed endeavor to practice dentistry lacked national importance; individual dental practice benefits patients and employer but lacks broader national prospective impact.

A legal consultant qualified for EB-2 advanced degree seeks NIW to own and operate legal consulting company serving clients in Brazil. AAO found petitioner failed Dhanasar first prong; proposed business lacks national importance and general business administration generalizations insufficient to demonstrate specific endeavor impact.

Industrial engineer seeking NIW for SAP consulting business in Georgia. Submitted evidence regarding IT industry and ERP importance, but failed to demonstrate that the specific proposed endeavor would have nationally important impact beyond general field relevance.

A freight company owner sought EB-2 advanced degree classification and national interest waiver. USCIS found her qualified for EB-2 but the AAO held her proposed freight business lacked national importance under Dhanasar's first prong; business plan projections were insufficient to demonstrate significant economic or employment impact beyond the company.

Security manager self-petitioned for EB-2 NIW. AAO affirmed denial, finding proposed security endeavor had substantial merit but lacked national importance; applicant's personal expertise and experience relate to second prong, not the endeavor's prospective impact.

Security management specialist-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial of waiver. While finding substantial merit, AAO held endeavor lacked national importance; no corroborating evidence of broad economic or industry impact.

An IT consultant proposed establishing a consulting business and sought NIW for EB-2 as advanced degree holder. AAO dismissed appeal, finding the proposed venture had substantial merit but lacked national importance because it would not affect the broader IT field.

A film content creator sought NIW for EB-2 as individual of exceptional ability. AAO dismissed appeal because petitioner met only one of six required criteria for exceptional ability, failing to establish underlying EB-2 eligibility; NIW Dhanasar prongs reserved.

Entrepreneur in industrial electronics sought exceptional ability classification and national interest waiver. AAO upheld director's finding that petitioner did not establish exceptional ability despite meeting three of six criteria; qualifications typical for average IT services provider. Did not address national interest waiver prongs as underlying EB-2 ineligibility was dispositive.