Published AAO appeal decisions

Geology researcher sought national interest waiver as member of professions with advanced degree. AAO found proposed research on microfossils and environmental assessments had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well positioned to advance the research independently without primary investigator responsibility.

A dentist sought EB-2 NIW to open a dental clinic in an underserved New York area designated as a dental health shortage area. The AAO upheld dismissal, finding substantial merit but no national importance under Dhanasar's first prong. The proposed practice lacked evidence of broader implications beyond serving local patients.

Medical researcher sought EB-2 national interest waiver. Petitioner lacked advanced degree equivalency and failed to meet exceptional ability criteria. On appeal, she added entrepreneurship role materially changing the petition, which USCIS rejected as improper modification rather than clarification during RFE response.

Entrepreneur and venture capitalist in information and communications technology sought EB-2 NIW classification. Proposed to provide consulting and training services. AAO dismissed, finding proposed work lacks national importance under Dhanasar first prong; services too limited to company clientele without substantial economic benefit.

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.

Legal analyst sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding specific endeavor lacks broader implications beyond immediate employer and clients.

Project manager sought EB-2 advanced degree and exceptional ability classification with national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate advanced degree (insufficient post-baccalaureate experience) and did not meet three exceptional ability criteria, making NIW analysis moot.

A financial manager proposed an endeavor offering financial consulting to U.S. businesses. The AAO dismissed the national interest waiver appeal because the petitioner failed to establish that the specific proposed endeavor has national importance; the record lacked details on job creation, affected employers, or broader economic effects beyond individual clients.

A woodcarving artist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO found only the academic record criterion satisfied and rejected experience, salary, membership and recognition claims. Because the threshold classification failed, it did not analyze the waiver under the Dhanasar framework, and dismissed the appeal.

Business owner seeking NIW for supply chain management consulting in Florida. Claimed substantial merit and national importance for supply chain services supporting hose industry. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond personal business benefit; applicant changed core business plan after filing.

A legal analyst self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, finding the proposed endeavor lacks the national importance required under Dhanasar's first prong. The work—consulting on cross-border activities—was confined to specific employers and clients without broader field implications or substantial economic effects.

Legal analyst seeking EB-2 national interest waiver claimed her consulting work on cross-border corporate matters would generate national economic benefits. AAO dismissed appeal, finding the proposed endeavor lacks sufficient prospective impact beyond her employer and clients to demonstrate national importance under Dhanasar's first prong.

Architect and professor sought EB-2 NIW classification. Proposed to continue architectural design and teaching focused on affordable housing and construction projects. AAO dismissed, finding work lacks national importance; does not extend beyond personal projects to impact field or economy at required level.

Geoscientist seeking national interest waiver for exploration geology work. Director found substantial merit but no national importance. AAO affirmed; endeavor lacks broader implications, significant job creation potential, or substantial positive economic effects beyond employer and clients.

Information technology specialist sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacked national importance under first Dhanasar prong; petitioner focused on past achievements and field importance rather than specific prospective endeavor impact.

Mechanical engineer with advanced degree seeking NIW. Proposed endeavor involved high-end engineering work in oil and gas industry. AAO found endeavor has substantial merit but lacks national importance. Impact limited to employer and clients without broader implications for mechanical engineering or oil and gas field. No significant U.S. employment potential shown.

Dentist with advanced degree seeking NIW. Proposed work as dental assistant or consultant managing dental office. AAO found endeavor has substantial merit but lacks national importance. Petitioner offered evidence of dentist shortage but AAO held individual practice cannot meet national importance standard. Proposed research component insufficient and not clearly integrated into clinical work.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

A mathematics lecturer proposed numerical methods research projects. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of his specific proposed research endeavors under Dhanasar's first prong, despite strong citation record.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.

Physical therapist sought EB-2 with national interest waiver. Did not qualify for underlying EB-2 classification: educational credentials did not meet professional requirements. National interest waiver analysis moot; petitioner made material changes to proposed endeavor in response to request for evidence.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.