Published AAO appeal decisions

An architect and sustainable construction consultant sought EB-2 classification with national interest waiver. The AAO affirmed denial because although he qualified as an advanced degree professional and his field had merit, his consulting practice lacked national importance; impact would be limited to individual clients rather than advancing the broader construction industry.

Entrepreneur in financial management sought EB-2 advanced degree classification with national interest waiver. Director denied petition on national importance grounds. AAO affirmed, finding proposed endeavor providing financial consulting to small businesses did not demonstrate national importance; no specific evidence of job creation, broader field impact, or substantial economic effects required by Dhanasar.

A food service entrepreneur from Brazil sought NIW classification to establish a business in the United States. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of national importance required under Dhanasar, as it showed no significant potential to employ U.S. workers or generate substantial economic effects beyond the petitioner's prospective clientele.

An oil and gas project manager sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance because the petitioner relied on industry significance rather than specific prospective impact of his individual work.

Software developer sought NIW for sustainable software development services to small businesses. Petitioner claimed national importance through multiple documentary pieces and field benefits. AAO dismissed, finding proposed endeavor lacks national importance; submitted materials describe industry importance, not specific endeavor impact.

Economist seeking EB-2 classification with national interest waiver for business venture addressing housing affordability and homelessness. Claimed substantial merit and submitted articles on housing policy. AAO dismissed, finding petitioner failed Dhanasar first prong: industry importance and government priorities do not establish national importance of the specific proposed endeavor itself.

A registered nurse sought EB-2 NIW to work and train nurses in Florida while pursuing a doctoral degree in nursing practice. The AAO dismissed the appeal because the petitioner failed to demonstrate that her work would have national importance beyond benefiting her individual patients and trainees.

Executive assistant sought EB-2 NIW with goal of event management role. Petitioner significantly changed proposed endeavor from initial petition to RFE response, creating ambiguity. AAO found endeavor could not be analyzed under Dhanasar framework due to inconsistent articulation.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

Airline pilot sought NIW for EB-2 classification under advanced degree. Petitioner initially proposed aviation security instruction, then shifted to airline pilot work. AAO dismissed appeal because proposed endeavor lacked consistency and failed national importance requirement; teaching and pilot work lack sufficient broader implications.

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Public relations consultant seeking NIW. Claimed substantial merit and national importance of public relations services endeavor. AAO found applicant failed first prong because evidence showed intention to work in field but lacked sufficient documentation of prospective impact rising to national importance level.

A mechanical engineer proposed to work in heavy equipment maintenance and repair. AAO dismissed the appeal because the proposed endeavor lacked national importance; it would impact only his customers and employers, not the automotive industry broadly, and showed no significant U.S. job creation or economic benefits.

Logistics business owner sought EB-2 NIW. AAO dismissed the appeal, holding that while the endeavor has substantial merit, it fails the national importance prong because benefits to individual clients do not rise to national impact or demonstrate substantial positive economic effects.

IT network and cybersecurity engineer seeking national interest waiver claimed his proposed work serves national importance. AAO held that day-to-day engineering services lack broader implications required for national importance, dismissing appeal on first Dhanasar prong.

Self-petitioner in cargo transportation and logistics seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner failed three of six exceptional ability criteria: CDL postdated filing, salary documentation insufficient, professional membership lacked documentation. NIW not analyzed.

An entrepreneur in film and video production claimed exceptional ability status and national interest waiver. The AAO found he met only one of six evidentiary criteria, reversing the Service Center's finding on professional membership and rejecting recognition for achievements. The appeal was dismissed.

Aircraft mechanic seeking NIW for self-owned maintenance business. Claimed business would alleviate aviation mechanic shortage and provide training. AAO affirmed denial because proposed endeavor lacks national importance; one mechanic's operations insufficient to impact industry broadly or create substantial economic effects at national level.

An audio-video editor, filmmaker, and producer sought EB-2 and NIW. The AAO dismissed the appeal because the petitioner failed to establish eligibility for EB-2 classification, lacking adequate credentials evaluation and not meeting the advanced degree or exceptional ability requirements.

Solar energy installations manager with advanced degree seeking NIW. Claimed substantial merit and national importance of solar installation business. AAO found endeavor failed first prong because applicant did not demonstrate prospective impact extending beyond company employees and customers to broader national level.

A general and operations manager sought EB-2 classification with national interest waiver. The AAO affirmed denial because the petitioner failed to establish an advanced degree or qualifying work experience under the underlying EB-2 requirements; the decision did not reach the waiver prongs.

A marketing entrepreneur self-petitioner claimed advanced degree and five years post-baccalaureate work experience for EB-2 classification and NIW. AAO held she failed to meet advanced degree requirement due to unclear Brazilian credentials and insufficient qualifying work experience, making NIW analysis unnecessary.