Published AAO appeal decisions

Entrepreneur seeking NIW for corporate event production consultancy in Florida. Claimed substantial merit and national importance but failed to demonstrate that the specific endeavor would impact the field broadly or produce substantial economic effects beyond basic local business activity.

Entrepreneur in aesthetic and cosmetic nursing seeking NIW for EB-2. Claimed her proposed clinic would have national importance and benefit U.S. healthcare. AAO held endeavor lacks national importance because it benefits only her clinic patients, not the field broadly, and business plan lacks sufficient evidence of broader impact.

A vocational counselor and entrepreneur seeking EB-2 with national interest waiver. Claimed endeavor would help individuals enter workforce sustainably. AAO dismissed, finding the proposed work lacked national importance because it relied on the importance of the field rather than demonstrating specific endeavor impact beyond local scope.

Trade specialist seeks EB-2 with national interest waiver. Claimed proposed international trade consulting endeavor has substantial merit and national importance. AAO held endeavor lacks national importance because individual consulting to small businesses, though in important field, does not demonstrate broader implications needed for waiver.

Attorney sought EB-2 NIW for sustainable investment and renewable energy work. Initial proposal for legal/tax expertise in private equity shifted to biogas distributor ownership during RFE response. AAO dismissed: Dhanasar framework cannot apply to inconsistently articulated endeavors; petitioner's multiple reversals prevented evaluation of merit and national importance.

A business manager in transport administration sought NIW classification for EB-2. The AAO dismissed the appeal, holding that while the proposed endeavor has substantial merit, it lacks national importance because the record shows no broader implications for the industry, significant employment potential, or substantial positive economic effects beyond specific employers.

A general and operations manager sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance under Dhanasar because it failed to demonstrate how services would impact the field broadly, have significant employment potential, or produce substantial economic effects beyond specific employers.

An inventor and entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial because petitioner failed to meet three of six exceptional ability criteria and lacked ten years full-time experience. Without EB-2 eligibility, NIW was unreachable and petition remains denied.

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore reserved and not decided.

Medical technologist seeking NIW for diagnostic testing quality control work. Claimed endeavor has national importance due to field significance and pandemic impact. AAO held endeavor has substantial merit but lacks national importance; petitioner confused field importance with specific endeavor impact and provided no evidence of broader implications.

A former professional soccer player in Brazil seeks NIW for EB-2 as individual of exceptional ability to establish soccer development business. Petitioner claimed six evidentiary criteria for exceptional ability. AAO found petitioner fails to meet exceptional ability requirements and does not establish national importance of proposed endeavor under Dhanasar first prong, dismissing appeal.

Executive and business owner seeking NIW claimed his beverage manufacturing and distribution endeavor addresses obesity and has national importance. AAO held the endeavor lacks national importance because it would not demonstrate broad benefits or economic impacts beyond specific business operations.

Inventor and entrepreneur seeking EB-2 NIW claimed patent applications and competition wins as evidence. AAO held petitioner failed to establish exceptional ability under regulatory criteria and did not qualify for EB-2 classification, so NIW eligibility was not reached.

A self-petitioner seeking EB-2 national interest waiver as entrepreneur proposed an after-school bilingual childcare program. The AAO dismissed the appeal, finding the endeavor lacked national importance: generalized evidence about education and bilingualism did not establish how this specific startup would have broader field implications or substantial economic effects.

Pharmacist and entrepreneur sought NIW to operate business providing parenteral nutrition products. AAO affirmed denial, finding petitioner failed to describe proposed endeavor with sufficient specificity and provide corroborating evidence that business activities would achieve substantial national economic impact.

Image strategist and personal stylist entrepreneur sought EB-2 national interest waiver. AAO affirmed denial, finding the proposed fashion business had substantial merit but lacked national importance, as it would not impact the fashion field broadly and showed no nationally significant economic or social benefits.

Chief legal officer in business law seeks EB-1A extraordinary ability classification. Service center erroneously excluded her under profession bar. AAO withdrew that decision and remanded, holding lawyers may qualify under EB-1A if their field is business rather than law practice, requiring reevaluation of claimed criteria and final merits.

An athlete in an unpopular U.S. sport met two criteria on initial review. AAO affirmed dismissal because petitioner failed to explain how post-filing awards applied to the original petition, made only generalized appeals without specific arguments, and did not justify why regulatory criteria did not apply to his field.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Art teacher with seventeen years experience sought EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; waiver analysis was reserved and not decided.

A watercolor artist seeks EB-1A extraordinary ability classification. The AAO remanded because the Director's denial lacked complete analysis and sufficient explanation for rejecting several criteria claimed by the petitioner; Director must re-examine evidence and provide detailed reasoning.

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.