Published AAO appeal decisions

Accountant sought EB-2 with national interest waiver based on proposed accounting and tax consulting work. Director and AAO found substantial merit but rejected national importance, finding no sufficient evidence of broad economic impact beyond employer and clients. Appeal dismissed.

An entrepreneur claimed EB-2 advanced degree and exceptional ability status with national interest waiver. AAO found petitioner lacked qualifying advanced degree and did not establish exceptional ability. Proposed endeavor failed Dhanasar first prong; business activities lacked national importance.

An entrepreneur sought EB-2 as advanced degree holder or exceptional ability person with national interest waiver. The AAO found no advanced degree, rejected exceptional ability (unmet criteria), and dismissed the NIW claim under Dhanasar because the first prong failed: his business income and employment gains did not establish substantial merit or national importance.

A petitioner claiming exceptional ability in the arts sought EB-2 classification with a national interest waiver. After a notice of intent to dismiss, she withdrew the appeal. The AAO granted the withdrawal and entered a finding of willful misrepresentation, based on falsely claimed authorship of two books using plagiarized material.

An administrative services specialist sought EB-2 classification with a national interest waiver but failed to qualify as advanced degree holder or person of exceptional ability. The AAO found her proposed work as executive assistant lacked national importance under Dhanasar's first prong, showing no substantial economic benefits, dismissing the appeal.

Self-petitioned entrepreneur in real estate investment and development sought national interest waiver under Dhanasar. Petitioner claimed proposed endeavor had substantial merit and national importance through economic growth and job creation. AAO found proposed work lacks national importance; expansion limited to petitioner's own companies without broader field or industry impact.

Self-petitioner artist seeking EB-2 exceptional ability and national interest waiver claimed exceptional ability in the arts and satisfaction of the Dhanasar framework. The petitioner withdrew the appeal after the AAO issued a notice of intent to dismiss based on willful misrepresentation of authorship of three books, a material fact affecting eligibility.

Marketing manager employed by U.S. organization seeking EB-2 national interest waiver. Claimed substantial merit for strategic marketing work. Advanced degree established but failed first Dhanasar prong: proposed work lacked national importance beyond specific employer and clients. Appeal dismissed.

Self-petitioner entrepreneur seeking NIW on EB-2 petition. Claimed proposed business development and advisory work has national importance through job creation and economic benefit. AAO dismissed appeal, finding the specific endeavor lacks national importance under Dhanasar first prong, as work would not extend beyond petitioner's company and clients to impact the field broadly.

Entrepreneur seeks NIW and exceptional ability classification. AAO found he did not meet exceptional ability criteria and lacked evidence of national importance for proposed IT entrepreneurship work. Appeal dismissed because specific endeavor lacks substantial national importance.

A physical therapist sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO held she met neither underlying classification because of insufficient qualifying experience and unchallenged findings on the regulatory criteria, so the waiver question was moot. The appeal was dismissed.

Civil engineer with doctoral degree seeking EB-2 NIW for infrastructure management research. Petitioner claimed all three Dhanasar prongs. AAO held all three met: research addresses national infrastructure concerns, petitioner is well-positioned through credentials and position, and national benefit from waiver outweighs certification interests.

Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.

Medical scientist in dentistry with advanced degree sought NIW for dental services, clinical research, and clinic management. AAO dismissed appeal, finding proposed endeavor lacked national importance and detailed research plan, limiting impact to patients and students rather than the broader field.

An anesthesiologist sought EB-2 classification with national interest waiver. Although qualified as advanced degree professional, the AAO summarily dismissed the appeal because petitioner failed to address the Director's findings on two dispositive Dhanasar prongs: national importance and balancing analysis, leaving these conclusions uncontested.

An international organization staff member requested second preference classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal, finding his salary criterion unmet because the pay reflected a standardized scale rather than exceptional ability. It therefore did not reach the waiver question.

A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.

A capoeira coach sought second preference classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal because the petitioner did not satisfy three exceptional ability criteria, so the waiver analysis was not reached. The decision is not a Dhanasar national interest waiver ruling.

An operations representative claiming international expertise in security, risk analysis, and related fields sought national interest waiver for EB-2. The AAO dismissed because he did not qualify as an advanced degree professional or individual of exceptional ability; he did not meet three of six regulatory criteria for exceptional ability.

A postdoctoral researcher in geology and environmental science sought an EB-2 national interest waiver. The AAO accepted advanced degree status but dismissed the appeal because the proposed endeavor was vague and inconsistent, so national importance was not shown under the first Dhanasar prong, and the other prongs were not reached.

Aerospace engineer seeks NIW for EB-2 to continue research on aerodynamic and automatic control systems. AAO found proposed research met Dhanasar prong one with national importance and broader field implications. However, petitioner failed prong two: insufficient evidence showed he was well positioned to advance research despite Ph.D., publications, and support letters. Appeal dismissed.

Entrepreneur in logistics sought EB-2 exceptional ability classification and national interest waiver. Director denied petition, finding petitioner satisfied only two of required three exceptional ability criteria. AAO upheld Director's determination that petitioner lacked full-time employment documentation for ten-year requirement and dismissed appeal; NIW issue rendered moot.

Emergency management specialist sought EB-2 exceptional ability classification and national interest waiver. Petitioner claimed four criteria but failed to meet three required. AAO found proposed work lacked national importance under Dhanasar, dismissing appeal without analyzing remaining NIW prongs.

Self-petitioner entrepreneur seeking NIW for real estate investment and consulting business. Claimed substantial merit and national importance under Dhanasar. AAO dismissed appeal, finding proposed endeavor lacks requisite national importance; work confined to petitioner's company and specific clientele without broader field or economic impact.

An actor and model requested second preference classification as an individual of exceptional ability with a national interest waiver. The Director found no exceptional ability criteria met. The AAO dismissed the appeal, finding her academic record, license, and membership evidence insufficient, and declined to analyze the waiver because the threshold was unmet.