Published AAO appeal decisions

A commercial airline pilot and captain with advanced qualifications proposed pilot and flight instructor work and aviation safety consultancy. The AAO held his expertise and prior success, while relevant to positioning under the second prong, do not establish national importance of the specific proposed endeavor, which lacks demonstrated broader implications for the aviation industry.

Entrepreneur seeking EB-2 with self-petitioner NIW for cybersecurity and IT consulting startup. Claimed endeavor has national importance through potential employment and economic ripple effects. AAO held endeavor lacks national importance; specific business plan too vague; benefits limited to company and clients; no evidence of broader implications.

A civil engineer with a Master's degree in civil engineering proposed research on recycled materials in asphalt pavement. The AAO held the proposed endeavor, while occurring in a STEM field, lacks substantial national importance because it shows no broader implications commensurate with national interest, failing the first Dhanasar prong.

Self-petitioner, IT professional proposing specialized IT consulting and training business. Claimed national importance based on STEM field work and gender diversity in IT. AAO dismissed, finding the specific endeavor lacks national importance; working in STEM alone does not establish national importance of a particular proposed business.

Software developer/consultant in cloud computing and DevOps sought EB-2 exceptional ability and NIW. AAO found proposed consultancy lacks national importance despite merit of field and petitioner's skills; no evidence of broader impact beyond employer clients.

Trade marketing and ecommerce consultant with MBA sought EB-2 NIW. AAO affirmed dismissal, finding proposed endeavor lacks national importance under Dhanasar framework. Evidence of professional skills and industry reports insufficient; no demonstration of broader impact beyond petitioner's company or customers.

An electrical engineer with an MBA sought EB-2 classification and NIW for a consulting firm offering process safety and sustainable energy services. The proposed endeavor lacks national importance; it does not extend beyond the petitioner's employer and clients to impact the field broadly or employ disadvantaged workers.

Automotive parts company petitions for software verification and validation engineer with advanced degree under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on regulatory compliance lacks national importance; does not demonstrate new advancements or significant impact beyond company operations. Appeal dismissed.

Climate economics researcher proposed research on carbon cap-and-trade and green jobs. AAO held the proposed endeavor lacks national importance because petitioner failed to show how specific research would impact U.S. policy or economy; relying on field importance and past accomplishments insufficient.

An administrative and human resources manager seeking EB-2 with NIW to establish a management consulting firm claimed substantial merit and national importance. The AAO found the endeavor lacked national importance, having only limited benefits to prospective clients and employees without broader economic implications.

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

An executive in architectural project design claimed extraordinary ability based on six criteria including awards, membership, publications, and original contributions. The AAO found the petitioner did not receive personal awards, lacked qualifying association membership, and failed to show sustained national or international acclaim or standing among the top in the field.

Advanced degree professional seeks EB-2 classification with national interest waiver for business development endeavor. AAO dismissed appeal, finding proposed work extending to business associations lacks demonstrated national or global implications, does not directly employ workers, and fails to show significant positive economic effects indicative of national importance.

Mechanical technician sought EB-1A as self-petitioner. Claimed membership, original contributions, and leading role criteria. AAO found membership criterion not met due to missing certified translation and course completion not establishing outstanding achievement requirement; declined to reach other criteria after petitioner failed three-criterion threshold. Record lacks evidence of sustained acclaim.

A tax professional with a bachelor's degree and five years experience sought EB-2 classification with national interest waiver for an international trade compliance company. The AAO dismissed, finding the company lacks national importance: employing up to 120 workers or specific profits do not demonstrate substantial economic effects in a 52 billion dollar industry.

Sales representative for pharmaceuticals/hospital products with advanced degree sought EB-2 NIW to lead commercial endeavor in USA. AAO found proposed endeavor lacks national importance under Dhanasar despite general industry merit; no evidence of prospective impact or government interest.

A completions and wells engineer held an approved extraordinary ability petition that was revoked after a notice of intent to revoke drew no response. The appeal argued the notice was never received. The AAO dismissed it, finding the notice was properly mailed to the attorney and petitioner, and no rebuttal was filed. No criteria were analyzed.

Entrepreneur seeking EB-2 with self-petitioner NIW for financial literacy and lending mobile app platform. Claimed endeavor promotes financial inclusion and employs U.S. workers. AAO held endeavor lacks national importance; projected benefits insufficiently corroborated; impact limited to app users; working in important field insufficient without broader implications.

Dentist seeking NIW for EB-2 classification proposes opening dental clinic with oral surgery services and claiming research in oral cancer detection has national importance. AAO held endeavor has substantial merit but lacks national importance; claimed research advancement and STEM characterization insufficient without evidence of broader field impact.

Forensic DNA technologist seeking EB-2 with national interest waiver. Petitioner claimed her work aligns with Justice for All Act and addresses DNA testing availability. AAO found the specific proposed endeavor lacks national importance because it extends only to employer's clients and courtroom testimony, not her field broadly.

A certified public accountant with ten years' experience seeks EB-2 with national interest waiver to operate a financial consulting firm in Texas. She claimed her endeavor has national importance but failed to demonstrate broader implications beyond her prospective clients and employees or substantial positive economic effects. The AAO dismissed the appeal.

Industrial engineering manager and entrepreneur seeking EB-2 with national interest waiver. Claimed proposed endeavor has substantial merit and national importance. AAO affirmed denial, finding endeavor lacks national importance because it does not extend beyond the applicant's company to impact the field broadly.

Drilling engineer and entrepreneur sought extraordinary ability classification. Claimed five criteria including awards, published material, original contributions, leading role, and high salary. AAO affirmed denial, finding awards lacked recognition, article was promotional, and salary claims ignored remuneration requirement. Overall work did not demonstrate sustained national acclaim at extraordinary ability level.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.

A speed skater claimed extraordinary ability under EB-1A, asserting awards, membership, published material, and exhibitions criteria. The AAO found awards lacked sufficient detail about competition standards and membership criteria were insufficiently documented, failing to meet the required three-criterion threshold. Appeal dismissed.