Published AAO appeal decisions

IT executive seeking NIW for EB-2 proposed starting consulting company offering professional training courses and workshops. AAO found proposed endeavor lacks national importance because it addresses individual clients rather than advancing IT technologies or field broadly.

Nurse sought NIW for proposed company providing nursing services in Florida area. AAO dismissed, finding petitioner failed to establish national importance of specific endeavor despite occupational shortage discussion. Revenue and employment projections lacked significance demonstrating substantial economic effects at national level.

A battery test engineer seeks NIW for EB-2 with employer sponsorship to develop lithium battery and soft electronics materials. The AAO found substantial merit but not national importance, as the proposed work's impact is confined to the employer and customers without broader field or economic advancement.

Clinical psychologist and entrepreneur seeking EB-2 NIW to manage psychology clinic in Florida. Self-petitioner. AAO found substantial merit but no national importance; clinic's impact limited to patients with no demonstrated broader implications for psychology field or significant U.S. economic effects.

A company petitioned for an industrial automation specialist seeking EB-2 exceptional ability classification with a national interest waiver. The service center denied it and dismissed a motion to reconsider. The AAO dismissed the appeal because the petitioner addressed the original denial, not errors in the motion dismissal, and tried to materially change the petition.

A dentist with advanced degree seeks EB-2 NIW to open and operate three dental practices. Although petitioner proposed employing forty workers and advanced implant techniques, the AAO found the endeavor lacks national importance. Benefits accrue only to patients served; no evidence of regional or national economic impact beyond private practice.

International banking manager with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding industry importance does not establish national importance of specific proposed endeavor; petitioner failed to demonstrate prospective impact on field or economy beyond individual employment.

Self-petitioner, professor in Nigeria with Ph.D., proposed research on nanostructured materials to remove contaminants and microplastics from water for treatment and desalination. AAO sustained appeal, finding all three Dhanasar prongs satisfied: research has national importance for U.S. water quality; petitioner well positioned to advance with relevant expertise and track record.

Furniture design manager sought NIW for interior design business focusing on Chinese-style and wooden furniture. AAO held substantial merit was established but national importance was not; field importance and worker shortage cannot substitute for demonstrable prospective impact of specific endeavor.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.

A restaurant entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner met only two of six criteria and failed final merits review; evidence of business success and awards did not establish expertise significantly above ordinary level in the field.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

Risk management professional with advanced degree seeking NIW for EB-2. Petitioner proposed developing risk models and market risk analytics for national economic benefit. AAO dismissed, finding proposed endeavor lacked national importance. Work was too narrowly tied to employer; vague assertions about preventing economic collapse insufficient. Well-positioned and balance prongs not reached.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.

Electrical engineering researcher sought EB-2 NIW for work on renewable energy integration into power grids. AAO held proposed endeavor lacks national importance; research shows no implications beyond university context; appeal dismissed.

Chief executive officer and entrepreneur seeking EB-2 exceptional ability classification with national interest waiver. Claimed all six regulatory criteria for exceptional ability. AAO affirmed Director's denial because petitioner failed to satisfy any of the six criteria required for exceptional ability; without underlying EB-2 eligibility, NIW claim could not be reached.

A business and logistics specialist sought EB-2 NIW for work in the import-export industry. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it showed only employer-specific cost reduction, not broader field impact or documented job creation potential.

Entrepreneur in cargo transportation and logistics sought EB-2 NIW as exceptional ability individual. AAO held petitioner met only one of six required criteria for exceptional ability and withdrew membership finding; appeal dismissed as petitioner ineligible for underlying classification.