Published AAO appeal decisions

Ophthalmologist and entrepreneur sought EB-2 NIW. AAO held the business endeavor lacked national importance despite physician shortage concerns; proposed work lacked broader industry impact and unsubstantiated employment and economic projections.

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

Chief financial officer and logistics manager sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six required criteria and lacked degree of expertise above field ordinary level.

A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third prong.

Mechanical engineer seeks EB-2 NIW to conduct research and development on belt conveyor products and splicing for mining industry manufacturer. Petitioner claimed work addresses important manufacturing sector but provided insufficient evidence of prospective impact. AAO dismissed because record lacks evidence demonstrating how endeavor impacts mining, manufacturing, or construction fields at national level.

Legal consultant seeking EB-2 national interest waiver as entrepreneur in legal consulting field serving US-Brazil trade relations. AAO held endeavor had substantial merit but lacked demonstrated national importance; petitioner's professional qualifications relate to ability to advance endeavor but not to national importance of specific proposed business activities.

Market research and financial analyst seeks EB-2 with national interest waiver for new business providing market research and financial services. AAO dismissed because proposed endeavor lacks national importance; petitioner failed to demonstrate novel methodologies, research contributions, or prospective economic impact beyond clientele.

Technical project manager with Ph.D. equivalent sought NIW for EB-2. Proposed developing thermal management designs for data centers and electronics. Failed to demonstrate national importance; petitioner's planned role as employee rather than independent researcher reduced prospective impact. Appeal dismissed.

A pastoral psychology and theology professional seeks EB-2 national interest waiver for proposed family counseling center. The AAO dismissed the appeal, adopting the Director's decision that the petitioner failed to establish national importance. While the services address important social needs, evidence does not demonstrate substantial positive national economic effects or broader field impact.

Venture capital and startup acceleration company executive with advanced degree seeking EB-2 and NIW. Director denied the petition finding substantial merit but not national importance. AAO affirmed that petitioner's experience and alignment with government initiatives do not establish that the specific proposed endeavor offers broader implications or substantial positive economic effects.

Researcher with advanced degree seeking national interest waiver to develop biomedical instruments and enhance ECMO technology. Director and AAO found petitioner failed to establish that specific proposed endeavor has national importance, focusing on industry importance rather than endeavor-specific prospective impact.

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

Business consulting entrepreneur seeking EB-2 NIW to open management consulting office in Florida. Claimed job creation and economic benefit to underserved community with national importance. AAO held endeavor lacks sufficient prospective impact on field and economy to establish national importance despite local economic intent.

An accountant claimed EB-2 classification as advanced degree professional and sought NIW for a consultancy initiative. The AAO dismissed because the petitioner lacked qualifying advanced degree documentation and failed to establish national importance of the proposed endeavor.

An airline pilot and CEO founded a pilot training company in Slovakia and sought NIW as EB-2 to open a U.S. branch. The service center found insufficient evidence of national importance and denied both EB-2 eligibility and waiver. The AAO affirmed on the national importance ground, finding local economic benefit insufficient.

Occupational health and safety specialist seeking EB-2 exceptional ability and NIW for Massachusetts consultancy firm. Director found substantial merit but not national importance. AAO affirmed that business projections and letters of intent did not demonstrate how the firm would broadly impact the field or economy beyond specific clients.

A general and operations manager seeking EB-2 with NIW to advance STEM technology projects. Claimed her endeavor aligned with Biden Administration priorities and involved important fields. AAO dismissed, finding insufficient evidence of the specific endeavor's national importance despite its work in important fields.

Entrepreneur with power engineering and process automation expertise seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed to establish national importance of proposed endeavor. Decision held that general assertions regarding job growth and emissions reduction lack sufficient corroborating evidence.

Cybersecurity researcher seeks EB-2 NIW. Claimed field importance and connection to national cybersecurity interests establish national importance of proposed research. AAO dismissed, holding national importance requires prospective impact on field more broadly; research focused on completing doctorate lacks defined, nationally important employment endeavor.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

An aviation professional claiming exceptional ability under EB-2 failed to satisfy three of six regulatory criteria; AAO dismissed appeal and reserved NIW prongs. Petitioner did not establish sufficient recognition for achievements and contributions in aviation field.

Doctoral research scientist in chemistry sought EB-2 with national interest waiver for research in cancer treatment and heavy metal recovery. AAO dismissed because petitioner failed to delineate specific proposed future endeavor; generalized claims about contributions without detailed expert letters or government entity corroboration regarding prospective national impact were insufficient.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

Marketing specialist sought EB-2 national interest waiver classification. Petitioner had advanced degree but failed to establish proposed endeavor's substantial merit and national importance under first Dhanasar prong. AAO found personal qualifications immaterial to national importance analysis, which focuses on specific prospective endeavor, not field or profession.

Digital marketing entrepreneur seeks EB-2 with NIW based on self-petition. Claimed proposed endeavor has national importance through expanding online marketing business and economic growth. AAO held first prong unmet: business plan lacks corroborating evidence of broader industry impact, substantial job creation, or substantial positive economic effects.