Published AAO appeal decisions

Fashion communication specialist seeking EB-2 advanced degree with NIW. Proposed founding communication strategy firm for small businesses across industries. AAO affirmed denial: lacks EB-2 advanced degree qualification; proposed endeavor lacks national importance despite covering multiple sectors.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Computer scientist seeking NIW for research on machine learning and high-performance computing convergence. AAO dismissed appeal, finding the proposed endeavor insufficiently specific to permit Dhanasar analysis and lacking demonstrated national importance or broader field impact.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

Advanced degree professional seeking EB-2 with national interest waiver for proposed pastry shop business. Petitioner claimed endeavor would promote healthier eating and create jobs aligned with national health goals. AAO found insufficient evidence that the specific proposed endeavor has national importance, requiring broader implications than claimed.

Electrical engineer and medical imaging researcher with Ph.D. in ultrasound diagnostic analysis sought EB-2 with national interest waiver. Claimed research has broad field implications. AAO sustained, finding all three Dhanasar prongs met: substantial merit and national importance demonstrated, well-positioned given Ph.D. and track record, and U.S. balance favored waiver.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

A CEO with AI and software expertise sought NIW as EB-2. The service center approved his advanced degree status but denied the waiver, finding no evidence the endeavor transcends personal clients to achieve national significance. The AAO affirmed, distinguishing petitioner's qualifications from the endeavor's prospective impact requirement.

Doctoral nutrition science student seeks EB-2 advanced degree and national interest waiver for research on nutrition, obesity, and sustainable farming. AAO held endeavor has substantial merit but lacks national importance; expert letters insufficient to demonstrate specific prospective impact on field broadly.

A financial consultant sought NIW as EB-2 to operate a strategic advisory firm. The service center approved his advanced degree status but denied national interest waiver, finding insufficient evidence of endeavor's national importance. The AAO affirmed, holding unsupported projections of job creation and revenue insufficient to demonstrate national significance.

Physical therapist seeks EB-2 with NIW for consulting business in Pennsylvania/Nevada/Arizona region. Claimed endeavor has national importance with revenue and employment projections. AAO held first prong unmet: business projections unsubstantiated; no evidence of broader field impact, significant worker population reach, or national economic significance.

An entrepreneur seeking EB-2 exceptional ability and national interest waiver for a transportation services business. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar's first prong because it would benefit only the petitioner's customers without broader industry implications or substantial economic effects commensurate with national importance.

A pilot sought EB-2 NIW for work as search and rescue and air ambulance pilot-instructor. The AAO dismissed the appeal because the petitioner failed to establish national importance: the proposed work would not have broader implications for aviation, did not show significant potential to employ U.S. workers, and offered no substantial economic effects.

Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.

Nutritionist seeks EB-2 NIW to provide nutrition services and education addressing childhood obesity and chronic disease. Petitioner claimed alignment with federal STEM and health initiatives and job creation, but lacked evidence of national importance. AAO dismissed because endeavor operates in single location and lacks requisite prospective impact affecting broader economy.

Radiologist seeking NIW for radiological protection management consulting business. AAO dismissed appeal, finding petitioner failed to meet at least three exceptional ability criteria required for underlying EB-2 classification, making NIW eligibility determination unnecessary.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

An electronics technician proposed a pool heating and automation business claiming national importance for sustainability. The AAO dismissed the appeal because the specific proposed endeavor lacked national importance; letters from professors did not demonstrate how routine pool installation services would have broader implications or substantial economic effects.

An engineer sought EB-2 with NIW to open a consulting firm serving small/medium construction companies. The AAO dismissed, finding the proposed endeavor lacked national importance. Arguments about environmental and economic benefits were insufficient under Dhanasar framework.

A human resources specialist sought EB-2 NIW for a proposed HR consulting company offering diversity and inclusion workshops. The AAO dismissed, holding the endeavor lacks national importance because services to individual clients and companies, despite focus on vulnerable populations, lack prospective impact on field or national scale.

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.