Published AAO appeal decisions

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Agronomist engineer sought EB-2 advanced degree classification and NIW. AAO affirmed denial because proposed endeavor lacked national importance; petitioner failed to articulate specific projects or goals beyond routine occupational duties that would demonstrate broader industry impact.

Business consultant sought EB-2 with national interest waiver for consulting on Brazilian law and export issues. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; general field importance does not establish specific endeavor merit.

Entrepreneur in frozen fruit distribution sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; evidence of frozen fruit industry demand does not demonstrate specific endeavor has broader field implications.

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Music director seeks NIW under EB-2 advanced degree or exceptional ability classification. AAO affirmed denial: endeavor has substantial merit but lacks national importance; revenue and employment projections insufficient to demonstrate substantial positive economic effects at national or regional level.

Industrial engineer and transportation company owner self-petitioned for EB-2 NIW. AAO affirmed denial because petitioner failed to provide required certified translations and credential evaluations proving foreign equivalent advanced degree, precluding NIW analysis.

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.

Warehouse general manager and plant safety manager sought NIW classification. AAO held proposed managerial work, though demonstrating substantial merit, lacks national importance because it does not show impact beyond prospective employer, industry-wide influence, or significant U.S. job creation or economic effects.

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

A permanent makeup artist, trainer, and salon owner proposed operating an aesthetic beauty salon and training center, claiming exceptional ability and national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; claimed free cancer patient services represented a material post-filing change and prior experience primarily addressed a different Dhanasar prong.

An aircraft maintenance technician in aviation sought EB-2 exceptional ability and NIW. The AAO dismissed the appeal because the petitioner failed to satisfy at least three of six exceptional ability criteria, making NIW analysis unnecessary.

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

Entrepreneur and regulatory affairs manager with environmental engineering degree seeks NIW for EB-2 classification. Petitioner claimed endeavor consulting on medical device regulations has national importance due to field growth and job creation. AAO found substantial merit but dismissed; working in important field does not establish national importance of specific endeavor.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.

Entrepreneur in financial consulting holding advanced degree applied for EB-2 with NIW under Dhanasar framework. Director found substantial merit but denied national importance; AAO affirmed. Petitioner's consulting business lacked evidence of specific endeavor having prospective impact beyond own clients and employees.

Finance entrepreneur seeks NIW for consulting company connecting Brazilian investors to US financial products. Claimed substantial merit and national importance. AAO found specific proposed endeavor lacked demonstrated national importance despite broad industry relevance.

Accountant sought EB-2 NIW for tax and business services to companies and individuals. AAO dismissed: while endeavor has substantial merit, petitioner failed to show broader national or global impact required for national importance. Government initiatives and industry developments do not establish her specific endeavor's national importance.

Film and television producer sought EB-2 exceptional ability classification and national interest waiver. AAO affirmed service center denial, finding petitioner met only two of six regulatory criteria for exceptional ability; letters lacked specific detail on recognition and awards lacked nexus to petitioner's contributions.

Entrepreneur and coach specialist with exceptional ability sought NIW for business consulting services in training and development. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance required under Dhanasar; declined to address second and third prongs.

A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was dismissed.