Published AAO appeal decisions

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

Chief executive sought EB-2 NIW to develop online application providing mental health strategies. AAO held endeavor has merit but lacks national importance; projected employment of eight jobs and modest profit do not meet Dhanasar's substantial economic effects threshold.

Real estate entrepreneur sought EB-2 NIW for affordable housing initiative. AAO dismissed appeal, finding the proposed endeavor lacked sufficient prospective impact extending beyond the petitioner's clients to demonstrate national importance or substantial positive economic effects required by Dhanasar.

Attorney seeks NIW for EB-2 advanced degree classification to start law firm providing immigration and legal services. AAO dismissed appeal, finding no demonstrated national importance: occupational shortage does not establish national importance, and impact limited to own clients without broader field advancement.

HVAC and electrical professional seeking EB-2 exceptional ability and NIW. AAO affirmed dismissal of motion to reopen and reconsider because petitioner failed to submit new facts supported by affidavits and documentary evidence, and motion to reconsider lacked citations to law or showing decision was incorrect.

A computer systems professional with 15 years IT project management experience sought EB-2 national interest waiver. The AAO dismissed, affirming the director's finding that the petitioner failed to identify a specific proposed endeavor, discussing only past accomplishments and future educational plans without demonstrating how any specific endeavor would achieve national importance.

Administrative services manager/entrepreneur seeks EB-2 NIW as individual of exceptional ability. Petitioner met three of six regulatory criteria but failed to demonstrate expertise significantly above ordinary in field. AAO affirmed dismissal on grounds petitioner lacks required exceptional ability classification; NIW analysis not reached.

Commercial pilot sought EB-2 classification as individual of exceptional ability and NIW. Director found petitioner met four of six exceptional ability criteria; AAO found actual membership in professional associations not established and training certificates showed completion, not exceptional expertise. Appeal dismissed on both exceptional ability and NIW grounds.

Aircraft pilot and entrepreneur seeking NIW for EB-2 exceptional ability classification proposed a pilot staffing company. AAO found substantial merit but no national importance because the endeavor lacked broader impact beyond the company and its clients, with insufficient evidence of economic scale or scope to affect the nation's economy or aviation industry.

Procurement coordinator sought EB-2 NIW for work optimizing supply chains at unspecified U.S. companies. AAO held the proposed endeavor lacks national importance; it benefits only the employer and clients, not the industry or economy broadly. Service center denial sustained.

Data center and cybersecurity specialist seeking NIW for EB-2 exceptional ability classification. AAO affirmed dismissal, finding the petitioner met only two of six criteria and failed to satisfy high salary and recognition criteria; therefore ineligible for underlying EB-2 classification and NIW not reached.

Telecommunications engineer proposed Florida-based consulting business under EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance; local business serving physical therapy shortage does not demonstrate broader prospective impact required by Dhanasar.

Entrepreneur with advanced degree sought NIW to establish and operate a non-profit refrigerated trucking and repair services company in Illinois. AAO affirmed dismissal, finding the proposed endeavor lacks national importance despite substantial merit; petitioner failed to provide market studies or evidence of client interest demonstrating job creation or economic impact.

A petroleum engineering doctoral student seeks EB-2 with national interest waiver for research developing carbon nanotube products for oil and gas companies to reduce environmental impact. The AAO found substantial merit but no national importance; expert letters and general climate goals insufficient to demonstrate the specific endeavor's prospective impact on industry or field.

Data scientist with doctorate in earth science sought EB-2 NIW for climate change research using dynamical theories and data analysis. Met all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and balance favors waiver given STEM expertise and contributions.

A quality control manager sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it. Hospitality experience did not support consulting business claims without demonstrated progress or contracts.

Biomedical engineer researcher proposed postdoctoral research on brain cognitive processes using machine learning. AAO withdrew denial of prong one, finding national importance, but affirmed denial under prong two because petitioner lacked demonstrated influence or record of success advancing the field.

An architect with advanced degree and self-employment in Brazil sought EB-2 NIW for a sustainable affordable housing venture. The AAO affirmed dismissal, finding the petitioner failed the first Dhanasar prong: while affordable housing is nationally important, the petitioner did not demonstrate her specific proposed endeavor would have national importance. Remaining prongs were not reached.

Airline pilot sought EB-2 as individual of exceptional ability with national interest waiver. AAO found petitioner met four of six initial criteria but dismissed appeal on final merits, concluding evidence did not establish degree of expertise significantly above ordinarily encountered in field.

Software developer seeks NIW claiming field importance. AAO agreed petitioner failed to identify specific endeavor or demonstrate national importance; general assertions about software development do not establish impact beyond employer or customer base.

Petitioner with advanced degree proposes data analytics and AI solutions company for healthcare. Claimed national importance via government recognition of AI in healthcare and societal welfare impact. AAO affirmed dismissal; endeavor lacks demonstrable national importance; benefits confined to prospective clients without substantial positive economic effects.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

A university professor and administrator seeks an EB-2 NIW to operate a higher education consulting business using a proprietary algorithm. The AAO dismissed, finding substantial merit but no evidence the business would broadly impact the field or achieve national importance.

A commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional claiming to address pilot shortage. The AAO dismissed the appeal, finding the proposed endeavor too vaguely defined and lacking evidence that his work would have substantial merit or national importance despite aviation industry challenges.

Healthcare entrepreneur proposed establishing a company offering professional training courses. AAO dismissed because the petitioner failed to demonstrate national importance; proposed business benefits and job projections were insufficient, and lack of evidence that impact extends beyond client services to affect the field broadly.