Published AAO appeal decisions

An entrepreneur sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, affirming the director's finding that the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong.

An accountant with advanced degree sought NIW for self-employment in accounting services. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and national importance, and the petitioner was not well positioned to advance it with only vague plans and no documented progress.

Makeup artist seeking EB-1A claiming extraordinary ability in the arts. Met only one criterion (judging); failed published material and original contributions criteria. AAO affirmed denial, finding petitioner failed to meet three-criterion evidentiary threshold and lacks sustained acclaim required. Appeal dismissed.

Business manager and tourism enthusiast sought EB-2 with national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; only two years management experience documented versus five years required, and occupation qualification as profession not established.

Skydiving instructor sought NIW but did not qualify for EB-2 as advanced degree professional or individual of exceptional ability. Met only one of six exceptional ability criteria (license/certification). AAO held endeavor lacked national importance due to absence of quantified economic impact demonstration.

Physical therapist with advanced degree applied for EB-2 with NIW under Dhanasar. Director and AAO found venture has substantial merit but lacks national importance; specific endeavor not demonstrated to have implications beyond own business operations or broad advancements to healthcare field.

An entrepreneur seeks NIW for EB-2 proposing a transportation and logistics company with management solutions. The AAO affirmed denial, finding substantial merit but no national importance because the endeavor does not demonstrate sufficient economic impact or employment potential beyond his clientele.

An entrepreneur in freight packing and logistics sought EB-2 NIW classification. She claimed four exceptional ability criteria but the AAO found she did not meet even one: her degree was unrelated to her field, and she had only seven years of experience instead of the required ten. Without exceptional ability qualification, NIW eligibility was not reached.

An entrepreneur with pharmacy and diagnostic laboratory expertise seeks EB-2 NIW to open a low-cost diagnostic lab in an economically depressed region. AAO dismissed because the proposed endeavor lacks national importance; a small business serving local patients and employing 22 workers does not meet Dhanasar's requirement for broader field impact or substantial national economic benefit.

Recent law school graduate and former police officer seeks NIW for EB-2 to practice law. Proposes to represent clients in court, advocate for policy changes, and promote community rights awareness. AAO holds lawyer shortage alone insufficient and petitioner failed to demonstrate prospective impact beyond direct clients and employer or substantial positive economic effects at national level.

Computational materials scientist sought NIW claiming work on quantum information science and functional materials. AAO dismissed appeal because petitioner failed to specify a concrete proposed endeavor as required under Dhanasar, despite notice and opportunity to clarify.

Legal services provider sought NIW as self-petitioner under EB-2 advanced degree category. AAO dismissed appeal finding petitioner lacks five years progressive post-baccalaureate experience in specialty and failed to provide required academic equivalency evaluations, making underlying EB-2 eligibility impossible to establish.

Electrical engineer with decades of experience seeks EB-2 national interest waiver for consulting services bridging European and American electrical systems. Claimed national importance based on STEM shortage and consulting services. AAO dismissed, finding consulting services do not extend beyond client base to impact industry broadly; revenue and employment projections insufficient for substantial economic effects.

Aircraft maintenance specialist sought EB-2 national interest waiver. Claimed endeavor has national importance through aviation industry support and safety. AAO dismissed appeal because specific proposed endeavor lacked demonstrated national importance or broad field impact beyond position.

Entrepreneur in insurance and pet services sought NIW as EB-2 advanced degree holder. Proposed pet care business partnered with insurers. AAO adopted Director's denial, finding endeavor lacked national importance; reiterating benefits of profession insufficient and specific business impact must extend beyond clientele.

Mechanical engineer seeking NIW under EB-2 proposing to establish maintenance services company. AAO found proposed endeavor lacks national importance; plan omits critical details on location, scope, employee count, and economic impact. Second-preference eligibility reserved. Appeal dismissed.

General operations manager sought EB-2 with national interest waiver to operate acai fruit bowl and smoothie franchise kiosks. AAO found substantial merit but no national importance; proposed venture lacked size or scope to significantly impact economy or employment regionally or nationally.

IT manager sought EB-2 national interest waiver for IT consulting firm startup. Claimed business plan showed growth and national security relevance. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond serving specific clients.

An entrepreneur and general business manager sought a national interest waiver with EB-2 exceptional ability classification. The AAO agreed with the Director that the membership and recognition evidence fell short, so three exceptional ability criteria were not satisfied. It reserved the Dhanasar analysis and dismissed the appeal.

Nursing and home healthcare entrepreneur sought NIW under EB-2. Claimed substantial merit and national importance via franchising, telemedicine, and research partnerships serving diverse populations. AAO found substantial merit but rejected national importance, concluding proposed endeavor lacks documented broader impact on industry beyond petitioner's direct clients.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

Self-petitioner exercise physiologist seeks national interest waiver for proposed work in adaptive physical education, preventive activity, and weight loss services. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's services, thus failing NIW eligibility despite substantial merit.

An entrepreneur with advanced degree sought NIW to lead financial consulting and loan services business. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance despite general importance of entrepreneurs, and petitioner not well positioned to advance it.

Brazilian audiovisual production entrepreneur sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner failed to meet three of six regulatory criteria for exceptional ability, including insufficient employer letters, no comparable license or certification evidence, and no comparative salary data demonstrating exceptional ability.

Advanced degree holder in mechanical engineering seeks NIW for reinsurance brokerage company. Petitioner argued field importance and government policy alignment but failed to demonstrate specific endeavor's national importance. Business plan projected $1.4M to $2.5M revenue and seven to ten jobs but lacked evidence of broader industry or economic impact. AAO dismissed; first Dhanasar prong not satisfied.