Published AAO appeal decisions

Petroleum engineer proposing educational technology startup for energy workforce sought EB-2 NIW classification. AAO held endeavor had substantial merit but lacked national importance under Dhanasar because petitioner failed to demonstrate prospective impact beyond direct students or how platform would broadly influence field.

Clinical dentist seeks NIW based on proposed dental training platform. AAO affirmed director's finding that proposed endeavor lacked substantial merit and national importance, as evidence did not demonstrate impact commensurate with national level despite acknowledged oral health challenges.

A research economist and professor sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner qualified as advanced degree professional but failed to establish national importance. Research on equity and low-income communities lacked evidence of prospective impact beyond personal employer.

Dentist with advanced degree seeking NIW for clinical dental services, education, and public health outreach. AAO dismissed appeal, finding substantial merit but no national importance; proposed impact limited to direct patients and employer without broader field or industry influence.

Business management and restructuring consultant sought EB-2 NIW. AAO dismissed appeal, affirming Director's finding that proposed consulting endeavor lacked national importance under Dhanasar. Petitioner's focus on personal experience and general business optimization methodology did not establish particularized impact.

A business consultant with master's degree seeking EB-2 with national interest waiver to consult small and medium-sized Latino-owned businesses. AAO held the specific endeavor lacks national importance because evidence addresses industry importance, not the proposed business consulting's broader field impact.

Financial manager and lawyer seeks NIW. AAO found petitioner impermissibly changed proposed endeavor between initial filing and RFE response; initial endeavor lacks specific focus and does not demonstrate substantial merit or national importance.

Automobile manufacturer petitions for advanced-degree beneficiary as global safety investigations and recalls coordinator. Claimed national importance via safety improvements and industry impact. AAO affirmed dismissal; substantial merit shown but lacks national importance; work improves employer operations without demonstrating broader automotive or safety recall industry impact.

Information technology professional proposed to establish an IT services company and sought EB-2 national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or prospective economic impact at required level.

Information technology entrepreneur proposing work safety software company sought EB-2 NIW classification. AAO held endeavor lacked national importance under Dhanasar because petitioner failed to demonstrate how one company operation would impact field broadly or produce substantial economic effects at regional or national level.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

An electrical engineer and project manager in renewable energy seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses professional credentials and industry significance, not the proposed endeavor's broader national impact or demonstrated employment potential.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

Advanced degree holder and entrepreneur seeking NIW for business consulting through company providing services including blood management consulting. Established substantial merit but failed to demonstrate national importance. Revenue projections and staffing plans insufficient; endeavor impact limited to specific clients and businesses.

A management and financial analyst sought EB-2 NIW for work as a financial analyst and starting a financial advisory services business. The AAO dismissed the appeal, upholding the director's decision that motion requirements were not met and that a business plan alone insufficient to establish national importance.

HR and organizational development consultant with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding field importance does not establish national importance of specific proposed endeavor; petitioner presented new evidence on appeal but failed to demonstrate prospective impact beyond prospective clients.

A petitioner sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the required employee-specific labor certification sections were not submitted and the petitioner did not contest the director's finding on the underlying EB-2 classification, so the waiver arguments were not reached.

Airplane pilot seeking EB-2 advanced degree with NIW. Proposed work as commercial airline pilot and trainer. AAO affirmed denial: lacks sufficiently specific endeavor; industry-wide pilot shortage does not establish national importance of individual's work; endeavor too vague to assess impact.

Corporate legal practitioner sought EB-2 national interest waiver for work developing ESG compliance legal frameworks. AAO dismissed appeal, finding while proposed endeavor has substantial merit, petitioner failed to establish national importance because work would benefit specific clients without broader implications to legal field analogous to improved manufacturing or medical advances.

An industrial engineer postdoctoral researcher sought EB-2 national interest waiver for supply chain research. The AAO reversed the Director on national importance, finding alignment with government priorities and field implications. However, the petitioner failed the second prong: insufficient evidence of personal record of success or influence establishing he could advance the endeavor.

Civil engineer and construction manager seeking EB-2 advanced degree with national interest waiver to develop innovative construction technologies and disaster-resilient infrastructure. Proposed endeavor has merit but lacks national importance. AAO dismissed because evidence shows only positive career impact, not broader national or industry significance; petitioner conflated importance of profession with importance of specific proposed endeavor.

An airline pilot sought EB-2 classification as exceptional ability and NIW waiver. The AAO found the petitioner failed to satisfy at least three evidentiary criteria for exceptional ability and did not establish that the proposed endeavor of working as a commercial airline pilot had national importance. Appeal dismissed.

A data scientist employer-petitioner for EB-2 national interest waiver. Claimed proposed work in AI and technology would benefit national interest. AAO found endeavor lacks national importance—impact limited to employer and customers without broader field effects. Court reserved second and third prong analysis, dismissing appeal on first prong failure.

Pharmaceutical company petitioned for IT operations manager beneficiary under EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance because work would not impact IT or pharmaceutical fields beyond the company and its clients, contrary to Dhanasar requirements.

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.