Published AAO appeal decisions

Entrepreneur seeks NIW to establish cosmetic factory and sell hair care products. AAO dismissed appeal, finding the endeavor has substantial merit but lacks national importance because evidence showed only product popularity without demonstrating broader field implications or substantial positive economic effects contemplated by Dhanasar.

Human resources consultant with advanced degree in psychology seeks EB-2 national interest waiver for consulting business. Claimed national importance based on HR field demand and prior professional accomplishments. AAO dismissed, finding petitioner adequately defined endeavor but failed to establish national importance; focus on endeavor itself, not petitioner's qualifications.

Legal services entrepreneur sought EB-2 national interest waiver. Claimed business expansion to multiple locations would employ workers and generate economic benefits. AAO dismissed because petitioner failed to demonstrate specific endeavor's national importance beyond business client impact.

Physical therapist and entrepreneur proposed establishing a therapy and pilates clinic with focus on elderly and post-COVID care. AAO found substantial merit but held proposed clinic endeavor fails to demonstrate national importance, dismissing on first Dhanasar prong.

Accounting and finance manager seeking NIW. Met substantial merit but failed national importance requirement. AAO dismissed appeal, finding that general importance of accounting and finance field is insufficient and petitioner failed to show proposed endeavor impacts STEM field or critical emerging technology.

Marketing manager and entrepreneur with advanced degree sought NIW as self-petitioner to start business creating 23 jobs. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance since benefits would not extend beyond organization to broader industry or field.

Self-petitioner, financial adviser seeking EB-2 with NIW, proposed advisory services to small businesses post-COVID. AAO found substantial merit but reversed director's adverse substantial merit ruling and upheld denial on national importance; proposed work limited to Texas oil and gas SMEs lacks broader economic or field impact.

A video game designer and entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because the proposed endeavor lacked national importance under Dhanasar; credentials and professional experience alone cannot establish the specific endeavor's national significance.

Nurse seeking NIW for employment as nurse. Did not satisfy initial EB-2 exceptional ability evidentiary requirements; failed to meet at least three regulatory criteria. Record does not establish national importance of proposed nursing endeavor. Appeal dismissed.

An entrepreneur directing a small freight transportation company sought a national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; local job creation and company-focused benefits did not extend to broader industry or national economic impact.

Animation specialist with advanced degree seeks NIW for EB-2. Claimed proposed animation work is of national importance. AAO held the work lacks national importance because petitioner failed to demonstrate broader implications beyond employer and its clients; the importance of the field itself is insufficient.

Physician and business consultant sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor had substantial merit but lacked national importance. Vague description of business consulting services and market opportunity did not establish specific prospective impact on healthcare field.

Firearms instructor proposed opening a shooting academy in Florida for gun safety and sports training. AAO found the specific endeavor lacked broader implications rising to national importance. General small business interest insufficient to meet Dhanasar standard.

Technology entrepreneur sought EB-2 classification as individual of exceptional ability and NIW. Did not satisfy three required evidentiary criteria; failed to demonstrate ten years full-time experience, relevant license or certification, or comparable evidence. AAO dismissed appeal; NIW Dhanasar prongs reserved because petitioner ineligible for underlying EB-2 classification.

Self-petitioner, architect and program manager with advanced degree seeking EB-2 NIW. Claimed eligibility under Dhanasar framework. AAO affirmed dismissal, finding petitioner failed to establish first prong; relied on industry importance rather than specific endeavor impact, without new evidence on appeal.

Nurse with advanced degree sought EB-2 NIW for clinical nursing role. AAO dismissed appeal because working as a clinical nurse lacks national importance; evidence about nursing shortage addressed field importance, not the specific endeavor's prospective impact. Business plan postdated filing.

Entrepreneur seeking national interest waiver for EB-2 exceptional ability classification. Petitioner claimed involvement with brand and ventures. AAO withdrew Director's finding that petitioner met three criteria, concluding insufficient evidentiary basis for EB-2 eligibility; first Dhanasar prong also not met; appeal dismissed.

Sales manager holding advanced degree sought national interest waiver for EB-2 proposed endeavor. AAO dismissed appeal, finding proposed sales work in IT sector lacked national importance under Dhanasar framework; revenue generation to employer insufficient without demonstrating wider significance or broader implications.

Visual artist seeking extraordinary ability classification. Director found three criteria met; AAO dismissed because petitioner failed to demonstrate sustained national or international acclaim and place among very top of field despite meeting initial evidentiary threshold.

Mental health nurse practitioner seeks EB-1A extraordinary ability classification. Claimed three evidentiary criteria: lesser awards, association membership, and original contributions. AAO dismissed, finding certifications do not constitute awards for excellence, no qualifying association memberships established, and insufficient evidence on original contributions after petitioner waived brief review.

Human development specialist sought EB-2 NIW. AAO affirmed denial: record did not demonstrate how her services differed from standard services or had broader implications in her field. Additionally, petitioner failed to establish underlying EB-2 eligibility.

Human resources entrepreneur sought NIW as EB-2 advanced degree or exceptional ability holder. Proposed HR consulting services in Texas. AAO reversed Director's advanced degree finding; affirmed denial under Dhanasar, finding endeavor lacked national importance despite employment projections and industry importance.

Artist sought EB-1A extraordinary ability classification for studio and gallery work. AAO affirmed denial, finding petitioner met only one of ten required criteria and failed to demonstrate major award or sustained national or international acclaim at top of field.

Soccer coach with 20 years coaching experience sought EB-1A extraordinary ability classification based on five criteria. AAO affirmed denial, finding membership criterion unmet and other claimed criteria not sufficiently established, and concluding petitioner lacked sustained national or international acclaim required for extraordinary ability.

An athlete-trainer with 12 years martial arts experience sought NIW to operate jiu jitsu competitions and fitness business. The AAO dismissed the appeal because the proposed endeavor lacked national importance; general industry growth and physical activity importance were insufficient without demonstrating broader implications.