Published AAO appeal decisions

Materials engineer entrepreneur seeking EB-2 with national interest waiver for interior design business claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding no evidence of broader industry implications or substantial economic effects; projected eight hires insufficient.

An entrepreneur proposing affordable transportation solutions sought EB-2 with national interest waiver. The AAO dismissed the appeal because the petitioner inconsistently described the proposed endeavor between the initial petition and RFE response, preventing meaningful Dhanasar analysis.

Legal professional holding advanced degree sought national interest waiver. Director found substantial merit but not national importance of initial endeavor. Petitioner submitted new endeavor in RFE response; AAO rejected it as material change and evaluated only initial endeavor (general legal practice), which lacked national importance. Appeal dismissed.

A pastor, religious education director and musician sought an EB-2 classification with a national interest waiver to start a church-based ministry and recovery programs. The AAO found she lacked the required post-baccalaureate experience for EB-2 and that her endeavor lacked national importance, dismissing the appeal on both independent grounds.

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

Software developer with biology and neuroscience education sought EB-2 NIW to develop an application for human-computer symbiosis. The AAO found substantial merit but dismissed because the petitioner focused on personal credentials rather than the endeavor's specific prospective impact; software application's broader field implications remained unestablished.

Proofreader and localization manager seeking NIW for EB-2 advanced degree classification to establish localization services business. AAO held petitioner did not demonstrate national importance, as endeavor lacks broader impact beyond business operations and targeted clients.

A civil engineer and project manager sought EB-2 advanced degree classification and national interest waiver. USCIS found him qualified for EB-2 but the AAO held his proposed construction project management endeavor lacked national importance under the first Dhanasar prong because it would not extend beyond his clients to impact the field or economy broadly.

Supply chain specialist seeking EB-2 with national interest waiver. Petitioner failed to demonstrate national importance of proposed endeavor; work lacked broad implications beyond specific employer. Appeal dismissed.

A field and operations manager sought EB-2 with NIW as an industrial maintenance expert in electrical and hydraulic systems. The AAO dismissed the appeal, finding his proposed work lacked national importance despite documented achievements. His endeavor benefited employers and clients rather than advancing the maintenance field broadly.

An entrepreneur running an agricultural advisory business sought EB-2 classification as an individual of exceptional ability together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not satisfy three of the six exceptional ability criteria, and it reserved the Dhanasar prongs as unnecessary to decide.

An insurance specialist proposed insurance sales and consultancy business, claiming national interest waiver under Dhanasar. AAO dismissed, finding proposed endeavor lacks substantial national importance required by first prong; endeavor insufficient to impact insurance industry or broader economy.

Researcher and music instructor seeks NIW for EB-2 classification for research documenting Assyrian cultural heritage and music. Petitioner demonstrated all three Dhanasar prongs: proposed research has national importance, petitioner uniquely qualified with rare language expertise and academic distinction, and waiver benefits U.S. by preserving underrepresented cultural scholarship.

Pediatrician with foreign medical degree equivalent to U.S. first professional degree seeking EB-2 NIW. Proposed pediatric practice in Florida hospital, claiming lower disease treatment costs and reduced intensive care admissions. AAO found endeavor lacks demonstrated national importance; benefits limited to individual patients without broader healthcare industry implications.

A physical therapist and entrepreneur sought EB-2 classification with a national interest waiver for her physical therapy business. The AAO dismissed because her specific endeavor lacked national importance, as it would not introduce novel methodologies or impact the field beyond serving her prospective clients.

Entrepreneur in transportation sales seeks EB-2 advanced degree and NIW for management consulting firm providing sales and hiring services. AAO affirmed denial because proposed endeavor lacks national importance despite alignment with federal infrastructure initiatives; merely local optimization insufficient.

An executive and consultant in finance and accounting sought EB-1A extraordinary ability classification. She met two of four claimed criteria but the AAO found she lacked the requisite sustained national or international acclaim and had not risen to the very top of her field.

Entrepreneur with MBA sought EB-2 NIW for affordable housing development in Florida. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate projected job creation, economic impact, or original innovations beyond serving own clientele.

Event planning and travel industry entrepreneur with advanced degree seeking EB-2 NIW. Petitioner established substantial merit but failed to demonstrate national importance of proposed endeavor; HUBZone location and general economic benefit insufficient under Dhanasar framework.

A network security consultant proposed establishing a consulting firm and sought EB-2 and NIW. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; industry relevance alone insufficient under Dhanasar.

Construction manager holding advanced degree sought EB-2 with NIW to own construction company. AAO dismissed because proposed endeavor lacks national importance: business plan shows only four hires and limited regional scope, insufficient to demonstrate substantial positive economic effects or mitigation of housing shortage at national level.

Advanced-degree holder sought waiver to open filmmaking and videomaking consultancy employing seven workers. Qualified for underlying EB-2 but failed to show national importance; proposed endeavor lacks significant potential for U.S. employment or economic effects.

A marketing and digital strategist sought an EB-2 national interest waiver for music industry work connecting American and Latin American sectors. The AAO found the specific endeavor lacked national importance because it would not extend beyond her clients or substantially impact the entertainment industry broadly.

Accountant with advanced degree sought NIW. AAO found proposed endeavor lacked national importance despite working in important field. Merely providing accounting services to individual employers does not impact accounting profession broadly; speculative testimony about potential benefits insufficient.

A talent agency petitioned for O-1A classification of a photographer claiming extraordinary ability. The applicant failed to meet the evidentiary criteria: published material lacked proper documentation and major publication status, and critical recognition letters came from non-photography experts. The appeal was dismissed.