Published AAO appeal decisions

General operations manager sought national interest waiver for EB-2 advanced degree classification. AAO dismissed appeal because petitioner's proposed consulting company endeavor lacked national importance under Dhanasar; business served only direct employer and clients, not broader U.S. economic effects or job creation.

A public relations specialist sought NIW classification for an endeavor involving corporate communications consulting and university teaching in strategic communications. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong despite possessing substantial merit.

A materials scientist working for a manufacturer sought an EB-2 classification with a national interest waiver. The director had denied on the third prong. The AAO dismissed the appeal, finding the first Dhanasar prong unmet because the proposed endeavor's national importance and job creation were not shown, and reserved the remaining prongs.

Dentist sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding dental practice activities benefit only immediate patients and employer, lacking broader field implications.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

Regional sales manager seeks NIW for continued sales management work improving team performance and cross-border transactions. AAO dismissed appeal, finding endeavor lacks national importance; proposed work shows no particular process improvement, and benefits would be limited to employer and clients.

Aircraft marketing company sponsoring aircraft design engineer for EB-2 national interest waiver. Beneficiary would perform engineering on passenger-to-ambulance and passenger-to-freight aircraft conversions. AAO affirmed denial, finding endeavor has substantial merit but lacks national importance because record does not show broader industry implications, specific employment details, or sufficient positive economic effects beyond company operations.

A chemical engineer sought an NIW under EB-2. The AAO dismissed the appeal because she failed to establish national importance under Dhanasar's first prong. Her proposed endeavor—providing chemical engineering services across multiple industries—lacked specificity and demonstrated no substantial positive economic effects or potential to employ U.S. workers beyond individual employers.

Healthcare professional with advanced degree sought NIW for dental, nutrition, and home healthcare services. AAO dismissed appeal, finding no sufficient evidence that proposed endeavor has national importance, substantial positive economic effects, or significant job creation potential.

Chief financial officer sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed general CFO work to improve company financial health but did not specify employer or demonstrate how work would impact US financial sector broadly. AAO affirmed denial, finding no established national importance of the specific endeavor.

A nutritionist with advanced degree sought a national interest waiver. The AAO found her proposed work providing general nutrition consulting lacks national importance under Dhanasar, as it does not impact the broader field or create substantial U.S. economic benefits.

Business executive and company founder in China claimed six evidentiary criteria for extraordinary ability. AAO found one criterion met but concluded petitioner failed to satisfy the three-criterion threshold and lacks sustained national or international acclaim required for EB-1A classification.

Financial manager with advanced degree seeks national interest waiver for EB-2. AAO held waiver claim fails at first prong: proposed financial manager work lacks sufficient national importance because it lacks documented prospective impact beyond specific employers or broader economic effects commensurate with national significance.

An engineering services company petitioned for an engineer and data scientist beneficiary. Claimed four criteria: judging, original contributions, scholarly articles, and leading role. AAO affirmed only two criteria (judging and scholarly articles) met; original contributions lacked demonstrated major significance and leading role lacked institutional evidence. Appeal dismissed.

International tax advisor petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed tax advisory services lacked national importance under Dhanasar's first prong; work limited to private clients without broader economic or field impact.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

A nutritionist employed by a state health department on federally funded WIC programs sought a national interest waiver. The AAO found her proposed work lacked national importance because it affected only direct clients, did not advance the nutrition field broadly, and showed no substantial economic effects, dismissing the appeal under Dhanasar's first prong.

Mechanical engineer employed by company seeks national interest waiver for EB-2 classification. Petitioner claimed his mechanical engineering work for automotive manufacturers would have national importance. AAO dismissed appeal, finding insufficient evidence that the specific proposed endeavor has national importance or substantial economic effects, failing the first Dhanasar prong.

Business owner entrepreneur seeking national interest waiver to waive job offer requirement for EB-2 classification. Claimed endeavor in business administration had substantial merit and petitioner was well positioned to advance it, but proposed work lacked evidence of national importance, particularly regarding U.S. worker employment potential. Appeal dismissed.

Environmental and chemical/petroleum engineer self-petitioner claimed extraordinary ability based on scholarly articles, judging, and original contributions of major significance. AAO found only two criteria met; original contributions lacked evidence of major significance or widespread impact. Appeal dismissed as petitioner failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.

Self-petitioner and business owner in logistics and supply chain management. Established advanced degree eligibility but sought national interest waiver. AAO dismissed, finding proposed business endeavor, though meritorious, lacks national importance as required by first Dhanasar prong; no broader field or substantial economic impact demonstrated.

A cardiologist and director seeking NIW under EB-2 claimed substantial merit and national importance for clinical work, teaching, and leadership. AAO found substantial merit but not national importance; clinical impact limited to individual workplace. Petitioner also failed to demonstrate being well positioned to advance endeavor.

An engineer employed at a semiconductor tool manufacturer seeks a national interest waiver for EB-2 classification. He proposed to continue research and development of proprietary tools in his specialized field. The AAO dismissed the appeal, finding his work lacks national importance because evidence does not show broader implications beyond his employer's operations or demonstrate significant potential to employ U.S. workers.

Media management expert sought EB-1A extraordinary ability classification. Claimed judging, leading role, salary, and original contributions criteria. AAO found only judging criterion met; one criterion insufficient. Record lacks evidence of sustained national or international acclaim required for extraordinary ability classification.