Published AAO appeal decisions

An architect and project manager with advanced degree sought NIW. AAO found substantial merit but not national importance; initial proposed endeavor lacked broader implications beyond self-owned firm and petitioner impermissibly changed the proposed endeavor post-filing.

A restaurant manager claimed advanced degree and exceptional ability in business, seeking EB-2 with national interest waiver. AAO dismissed, finding petitioner did not qualify for EB-2 as neither advanced degree professional nor exceptional ability individual, making NIW eligibility unreachable.

Mechatronics engineer seeking NIW for self-employed industrial consulting focusing on environmental and manufacturing efficiency. AAO dismissed because petitioner failed to establish national importance; confusing proposed company with endeavor and lacking objective evidence of field-level impact did not overcome first prong failure.

Industrial engineer in lean production holding master's degree seeking EB-2 NIW. Claimed national importance based on job creation and support for domestic manufacturing and sustainability. AAO found endeavor substantively meritorious but lacked national importance; work limited to small client base without demonstrated broader implications in engineering or manufacturing fields.

Computer systems consulting entrepreneur sought national interest waiver for EB-2 petition. AAO affirmed denial because proposed endeavor lacked national importance despite substantial merit, affecting only niche target market without broader industry or economic impact.

Brazilian entrepreneur with retail management background sought NIW as EB-2 exceptional ability applicant. AAO dismissed appeal because petitioner failed to meet three of six required exceptional ability criteria and materially changed proposed endeavor between filing and RFE response.

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.

International financial advisor sought NIW as EB-2 advanced degree professional. AAO held that specific proposed financial management work, though from important field, lacks sufficient national importance because record did not demonstrate prospective impact on field, significant job creation, or substantial economic benefits at required threshold.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Self-petitioner in financial management consulting sought NIW for proposed Florida consulting business. AAO affirmed denial because the specific proposed endeavor lacked demonstrated national importance; general industry value, occupation importance, and claimed community contributions were insufficient without concrete evidence of broader implications or substantial economic effects.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

Human resources management professional holding advanced degree sought EB-2 national interest waiver. Petitioner established advanced degree eligibility and substantial merit but failed to demonstrate national importance of proposed HR endeavor, relying on credentials rather than prospective impact evidence.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

A trucking business owner and driver with a law degree sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not meet enough exceptional ability criteria, so the waiver prongs were never reached.

A CEO sought NIW for EB-2 claiming national importance of his business endeavor. AAO dismissed appeal, finding the proposed venture lacked national importance because its impact would be limited to the employer and clients, not the broader field.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

A commercial manager seeks NIW for EB-2 to work as commercial management consultant for U.S. businesses. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar first prong; petitioner failed to show broad field impact or exceptional economic effects, dismissing appeal.

An aviation pilot sought EB-2 classification with a national interest waiver for his proposed work training regional and charter airline pilots. The AAO affirmed dismissal because the pilot failed to establish that his specific endeavor had national importance, as the training would not impact the aviation field broadly or yield substantial positive economic effects.

Specialist in private equity and international capital markets seeking national interest waiver for EB-2 self-petition. Petitioner claimed national importance of foreign investment endeavor. AAO dismissed because proposed endeavor lacked specificity and evidence addressed field-level importance rather than specific endeavor impact.