Published AAO appeal decisions

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

A marketing consultant seeks NIW status to operate a digital and traditional marketing agency serving small and medium-sized businesses. The AAO acknowledged substantial merit but found the business plan insufficient to demonstrate national importance because benefits would not extend beyond individual client companies to impact the marketing industry.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Personal grooming industry entrepreneur sought EB-2 classification and NIW. AAO found petitioner categorically ineligible for EB-2 as advanced degree professional and failed to meet three exceptional ability criteria. Regarding NIW, substantial merit was found but national importance was not; endeavor lacked broader implications beyond individual barbershop business.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

An airline pilot first officer/captain sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding that evidence of pilot shortages and aviation industry importance did not establish that the petitioner's specific endeavor as a commercial pilot had national importance or broader implications.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

A Colombian aviation mechanic sought EB-2 classification as person of exceptional ability with national interest waiver. The AAO found the petitioner met three evidentiary criteria but lacked exceptional ability in final merits determination; the proposed endeavor also lacked national importance, thus dismissing the appeal.

Supply chain manager sought NIW for EB-2 exceptional ability classification. Petitioner proposed designing and implementing distribution systems to advance US logistics economy. AAO dismissed because proposed endeavor failed national importance requirement; support letters showed competence only, not broader field implications or substantial economic effects.

A project manager seeks NIW for EB-2 proposing digital technology implementation in oil and gas to reduce emissions and support clean energy transition. The AAO dismissed, finding the endeavor lacks demonstrated national importance because evidence does not establish sufficient prospective impact beyond his client organizations.

Fitness consultant and trainer sought EB-2 national interest waiver. Claimed athletic training programs would improve health and wellness industry. AAO dismissed because specific proposed endeavor lacked demonstrated national importance or field-wide impact.

Social communications specialist seeking national interest waiver for small trade consultancy business serving SMEs. AAO held proposed endeavor lacks national importance; business activity does not extend beyond employees and clients or demonstrate substantial economic benefits.

A quality systems specialist sought EB-2 NIW claiming her consulting work would improve industry performance and national economic output. The AAO dismissed, finding her work for fifteen small companies lacked evidence of national-scale impact or substantial economic effects required for national importance.

Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.

Industrial engineer seeks NIW to provide industrial engineering services domestically. AAO dismissed appeal, finding the proposed endeavor lacks sufficient specificity and national importance because petitioner failed to identify the industry or field, provided only general claims, and did not demonstrate potential significant employment or economic effects.

Clean products trader in oil and gas with chemical engineering degree seeking EB-2 NIW. Proposed continuing trading role domestically. AAO dismissed, finding trader's specific endeavor, though in nationally important industry, lacks independent national importance and broader prospective impact.

Legal and business consultant seeking EB-2 NIW claimed broad endeavor spanning legal consulting, real estate investment, and Kazakhstan-U.S. business ties. AAO held the proposed endeavor lacked specificity and national importance; individual benefits and economic assertions insufficient for national-level impact.