Published AAO appeal decisions

Civil project manager sought NIW under Dhanasar framework. AAO agreed proposed endeavor lacked national importance because petitioner did not demonstrate broader implications to construction or infrastructure beyond specific clients. Opinion confuses petitioner's qualifications with endeavor characteristics.

An accounting professional and entrepreneur sought exceptional ability and national interest waiver. The AAO found he met only one of six exceptional ability criteria. Because he failed the foundational EB-2 requirement, the AAO declined to reach the national interest waiver analysis and dismissed the appeal.

An occupational health and safety specialist sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of her proposed endeavor because she did not demonstrate how her work would impact the field broadly or have prospective broader implications.

Civil engineer seeks EB-2 NIW to develop low-income housing construction company. AAO held proposed endeavor has substantial merit but lacks national importance. General importance of construction field and housing shortage insufficient; petitioner failed to demonstrate his specific venture would generate substantial positive economic effects.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

Physical therapist from Costa Rica sought EB-2 NIW. AAO held the endeavor lacked national importance because the petitioner relied on past accomplishments and general field importance rather than demonstrating prospective impact of a specific proposed endeavor.

Systems engineer seeking NIW for EB-2 claimed his work in IT sustainability has national importance. AAO held the proposed endeavor lacks sufficient prospective impact on the economy and does not demonstrate national importance, despite articles about the industry's relevance.

Computer science research assistant sought EB-2 classification with national interest waiver. Director denied petition; petitioner appealed. AAO dismissed, holding proposed endeavor lacked national importance; record contained no specific projects, insufficient job creation documentation, and absent analysis of prospective positive economic impacts required for national importance finding.

Electrical engineer sought EB-2 NIW to own and operate a solar energy engineering business in Florida. AAO held the specific endeavor lacks national importance despite the importance of the solar energy field; unsupported claims of hiring and economic benefits do not meet Dhanasar's first prong.

Veterinary dentist sought EB-2 NIW as exceptional ability professional. AAO dismissed after affirming director's finding that petitioner lacks required U.S. doctoral or foreign equivalent degree and failed final merits determination for exceptional ability.

Veterinarian sought EB-2 NIW for K9 detection dog veterinary services business. While endeavor had substantial merit and petitioner held advanced degree and demonstrated competence, the proposed work would not impact veterinary medicine industry or economy beyond serving specific clients.

An aeronautical engineer holding an advanced degree sought EB-2 national interest waiver. The AAO found him eligible for underlying EB-2 classification but concluded his proposed endeavor lacked national importance under Dhanasar's first prong, as his work benefited only his employer without demonstrating broader industry impact or significant U.S. employment potential. The appeal was dismissed.

Self-petitioner entrepreneur sought EB-2 NIW to provide consulting services and software system to small businesses. AAO dismissed appeal because the proposed endeavor lacked national importance, affecting only his company and clients, not the broader entrepreneurship or economy; personal statements lacked corroborating evidence.

Finance manager with Brazil business expertise seeks NIW for EB-2 to establish consulting company. Business plan projects 23 staff and 41 direct jobs in year five. AAO holds proposed endeavor lacks national importance; modest job creation in large industry does not constitute substantial positive economic effects, and no showing of broader impact beyond company and customers.

Training specialist sought NIW for self-sponsored business in corporate training and development. Petitioner claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor lacks national importance; revenue projections and modest employment forecasts do not demonstrate substantial economic impact.

Software quality analyst sought NIW based on EB-2 advanced degree or exceptional ability. Failed to establish qualifying EB-2 classification; lacked valid foreign degree credential. AAO declined discretionary review of NIW Dhanasar prongs due to failure on threshold EB-2 qualification.

An entrepreneur in business management and general operations management sought a national interest waiver. AAO dismissed because the consulting business lacked national importance; helping clients maximize profitability and creating local employment did not extend beyond his clientele to impact the field or economy broadly.

Mechanical engineer seeking national interest waiver for EB-2 exceptional ability classification. Petitioner proposed either employment or founding consulting startup. AAO found proposed endeavor lacked specific national importance; generalized industry references insufficient under Dhanasar; appeal dismissed.

An entrepreneur seeking EB-2 NIW for a freight trucking business claimed national interest based on job creation and economic growth. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of prospective impact extending beyond the company and its customers to demonstrate national importance.

A certified flight instructor curriculum developer sought EB-2 NIW, claiming the endeavor would modernize pilot training and address national pilot shortages. The AAO dismissed, finding insufficient evidence that her specific teaching methods would extend beyond her institutions or impact the aviation field broadly.

Project management specialist with advanced master's degree seeks EB-2 NIW for self-employment in urban infrastructure development. Director found substantial merit but no national importance. AAO affirmed, holding proposed endeavor lacks national scope or broader implications beyond applicant's own business, and lacks sufficient evidence of prospective impact or regional benefit.

Healthcare and life sciences manager with MBA seeking NIW for training company addressing life sciences talent shortage. Qualified as advanced degree professional. AAO dismissed because proposed endeavor lacks documentary evidence of impact on hiring challenges at national level; focus on specific company rather than broader field advancement.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Energy systems engineer sought NIW for solar-thermal and energy efficiency work. Lacked required DOL forms and made material post-filing changes to proposed endeavor. AAO dismissed for missing initial evidence and material changes to claimed endeavor.

Senior hardware engineer seeking NIW for EB-2 classification. Proposed research in integrated circuit design. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor, showing only past research accomplishments without demonstrating broader prospective impact required by Dhanasar first prong.