Published AAO appeal decisions

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Certified accountant seeks EB-2 with national interest waiver to establish accounting consulting services firm in Florida. AAO dismissed appeal because proposed endeavor, though demonstrating substantial merit and business success potential, fails to show national importance; impact limited to clients without broader industry significance.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Self-petitioner business manager seeks EB-2 NIW to transform struggling companies through management consulting. AAO held proposed endeavor lacks national importance; petitioner's skills relate to second prong, but specific endeavor shows no prospective impact beyond clients or substantial regional or national economic effects.

Aircraft mechanic and technician self-petitioner sought EB-2 with national interest waiver. Claimed his specific aircraft interior technician work in Florida had national importance due to aviation industry significance. AAO dismissed, finding petitioner conflated general industry importance with specific endeavor national importance and failed to demonstrate prospective impact of his individual work.

Veterinarian sought NIW for EB-2 classification to perform animal sterilization and awareness education. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks the national importance required under Dhanasar's first prong, as impact too localized to extend beyond immediate clients.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Physical fitness specialist and entrepreneur sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; benefits limited to client base without broader impact on physical fitness field or obesity prevention at national level.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

A nurse sought EB-2 classification as an individual of exceptional ability and an NIW. The applicant claimed four exceptional ability criteria. The AAO found the applicant did not meet three criteria minimum and lacked expertise significantly above ordinary field level. NIW eligibility was not addressed because the underlying EB-2 classification failed.

A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.

A self-enrichment teacher and dance academy owner seeks EB-2 national interest waiver as individual of exceptional ability. AAO found petitioner met only one of six exceptional ability criteria: advanced degree. Petitioner failed to establish ten years full-time employment, professional certifications, professional associations, or expert recognition. Appeal dismissed because petitioner lacks underlying exceptional ability eligibility.

A cybersecurity specialist seeking EB-2 with NIW to develop an AI framework for real-time threat detection aligned with national security priorities. Claimed the endeavor combats cyberattacks and fosters US competitiveness. AAO dismissed, finding insufficient evidence of broader industry or economic impact beyond his company and its clients.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

An entrepreneur sought NIW classification for an eco-friendly furniture manufacturing business using sustainable techniques and white-label services. The AAO found the endeavor had substantial merit but lacked national importance, finding insufficient evidence of projected job creation, economically depressed area location, or substantial positive economic effects.

Entrepreneur seeking EB-2 NIW to create startup offering free AI-based higher education classes. AAO held appeal dismissed because petitioner failed to establish EB-2 eligibility; unverified master's degree and unclear profession prevented establishing advanced degree requirement; NIW analysis not reached.

Entrepreneur business consultant seeks EB-2 NIW. Failed to meet three required regulatory criteria for exceptional ability, including licensure, certification, and professional association membership. AAO found insufficient expertise level and did not reach NIW framework prongs.

An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.

Chief health officer with advanced degree seeking national interest waiver to manage hospital and reduce healthcare costs through technology. AAO affirmed that petitioner failed to establish national importance of specific endeavor; record shows only localized impact to hospital patients without broader industry or economic implications.

An airline industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.