Published AAO appeal decisions

An entrepreneur in business coaching sought EB-2 NIW classification. She had an advanced degree and registered business status but provided limited evidence of past business success, a viable business model, or customer interest in her proposed online training courses. The AAO affirmed that she failed the second prong, finding her not well-positioned to advance her endeavor.

Reinsurance executive petitioned for EB-1A extraordinary ability classification. Claimed eight criteria but established only one (leading or critical role). AAO affirmed petitioner failed to meet membership and high salary criteria, did not reach original contributions, and concluded record lacked evidence of sustained acclaim or top-tier standing required.

Fitness director at martial arts academy sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong because proposed endeavor lacked national importance; evidence addressed generalized fitness benefits rather than specific endeavor's national implications.

Tax specialist with advanced degree seeks EB-2 NIW for financial audit and tax services. AAO affirmed petitioner qualified for EB-2 as advanced degree professional but held proposed venture, while meritorious, lacked national importance. Serving U.S. businesses' financial compliance is insufficient without demonstrating substantial national-level economic impact.

Speech therapist and healthcare entrepreneur sought EB-2 with national interest waiver for home healthcare services company. AAO found underlying advanced degree qualification met but denied waiver because proposed endeavor lacked national importance; general healthcare worker shortage and projected economic benefits insufficient without demonstrating broader field impact.

Entrepreneur seeking EB-2 classification with national interest waiver for spa services business. Claimed business would address industry shortage and create jobs. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor, lacking evidence of broader industry implications or substantial economic effects required under Dhanasar first prong.

Software developer and color management technology inventor sought NIW as EB-2 advanced degree holder. Claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance; impact limited to employer and industry partners without demonstrating significant prospective economic benefits or job creation.

Fashion designer sought EB-1A extraordinary ability classification emphasizing sustainable clothing and domestic vendors. AAO dismissed appeal; petitioner met only two of required three criteria (published material and exhibitions) and failed to demonstrate sustained national or international acclaim or top-tier standing.

Business owner claimed national interest waiver for EB-2 healthcare software platform. AAO held evidence did not sufficiently demonstrate prospective national importance because although the field was important, the specific endeavor lacked direct connection to claimed broad healthcare industry impacts.

Business administrator self-petitioner with advanced degree and qualifying experience seeking national interest waiver. The AAO agreed the petitioner met underlying EB-2 requirements but dismissed the appeal, finding the proposed business training and consulting work lacked sufficient national importance beyond individual trainees.

A qualitative researcher seeking EB-2 with national interest waiver claiming to advance education research on mental health and student behavior. AAO affirmed denial because petitioner lacked sufficient academic research experience, had no meaningful citation record, and provided only general plans without credible detail or demonstrated progress toward the proposed endeavor.

Software developer seeking NIW for startup software company. AAO dismissed appeal, finding substantial merit but no national importance; applicant's work limited to individual clients without broader field impact or demonstrated substantial economic effects.

A retired police colonel and risk management auditor sought EB-2 with NIW for consulting on money laundering and BASC standards. The AAO dismissed because proposed work with individual clients lacked national importance; no showing of field-wide or broader implications.

An occupational health and safety expert seeks an NIW for EB-2 classification through her own consulting company providing OSHA training. The AAO affirmed that her proposed endeavor, while having substantial merit, lacks national importance because the record shows no impact beyond her company and its clients affecting the field, industry, or societal welfare.

Construction management entrepreneur seeking EB-2 with national interest waiver. Petitioner lacked categorical eligibility for EB-2 and failed first Dhanasar prong by shifting proposed endeavors, preventing analysis of substantial merit and national importance. Appeal dismissed.

A soccer coach and sports manager with master's degree in sport management sought EB-2 with NIW, proposing a youth soccer development program. The AAO affirmed denial, finding the proposed endeavor demonstrated substantial merit but lacked national importance; coaching individual children insufficient to impact sports management field broadly.

A nutritionist-entrepreneur sought EB-2 classification with NIW, claiming national importance for her proposed telehealth nutrition platform. The AAO dismissed, finding her endeavor lacked national importance despite substantial merit, as benefits extended only to individual clients without broader implications for the nutrition field.

A pediatric dentist and dental director sought EB-2 with NIW. The AAO found she qualified for EB-2 as holding an advanced degree but failed to demonstrate her proposed dental work has national importance, as required by the first Dhanasar prong. Benefits were limited to her employer and patients, without advancing pediatric dentistry broadly.

Self-petitioner business administration and finance professional seeks EB-2 NIW for telemedicine supply chain management consultancy. AAO held proposed endeavor fails first Dhanasar prong; while adjacent to national initiatives, specific endeavor lacks demonstrated national importance or government agency interest.

Logistics analyst with military background sought NIW for proposed management consulting firm to hire 32 U.S. workers. AAO dismissed appeal, finding proposed endeavor lacks the national importance required under Dhanasar's first prong; general alignment with industry goals and nominal economic growth are insufficient.

An investment principal with an MBA seeks NIW for continued work in venture capital focusing on emerging AI companies. The petitioner claimed three Dhanasar prongs. The AAO dismissed the appeal, finding the petitioner failed to establish that his specific proposed endeavor has national importance, focusing instead on general industry value rather than prospective impact of his specific work.

Entrepreneur seeking EB-2 with national interest waiver for startup business involving lead-sharing platform and customer development research. AAO rejected claim that endeavor has national importance, finding applicant provided no independent evidence demonstrating how project would impact any locality or nation overall.

A computer software engineer sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor of working as a backend or full stack developer at an unspecified company lacked the national importance required by Dhanasar, as it failed to demonstrate specific national or global implications within the field or substantial positive economic effects.

A trucking company owner sought EB-2 national interest waiver for a specialized vehicle transport business. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance, as petitioner failed to show industry-wide impact or substantial economic effects beyond serving particular clients.

A handball player and sports coach claimed extraordinary ability under EB-1A, asserting eligibility under three criteria. The AAO affirmed that the petitioner met awards and judging criteria but found membership in a Russian federation did not require demonstrated outstanding achievement. Overall, the petitioner failed to establish sustained national acclaim and position at the very top of the field.