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What Type of EB-2 NIW Cases are Approved or Denied?

What Type of EB-2 NIW Cases are Approved or Denied?

To be eligible for the EB-2 National Interest Waiver (NIW) classification, a petitioner must (a) be a member of the professions holding advanced degrees or have exceptional ability in the arts, sciences, or business, and (b) satisfy the three-prong test under Dhanasar to establish their proposed endeavor is in the “national interest” of the United States.

Neither the INA nor the regulations define the term “national interest.” However, appellate case decisions on EB-2 NIW cases issued by the Administrative Appeals Office (AAO) may provide clues of AAO’s thought process in determining whether there exists national interest.1 Accordingly, we listed some examples of recent cases where AAO decided whether the petitioner has met the requisite Dhanasar test. We also listed some key takeaways from those cases.

Please be advised that the cases listed below are not handled by our firm. Also, each decision is binding on only the parties involved in the case and does not create or modify agency guidance or practice. Each decision is based on case-specific circumstances, and thus especially in relation to the second prong of Dhanasar, does not indicate that any proposed endeavor similar to those listed below would likely be approved or denied either.

Table of Contents

EB-2 NIW Cases Approved by AAO

AAO concluded in the following EB-2 NIW cases that the petitioner has met the three prongs of Dhanasar analytical framework:

1. Researcher

Biochemistry Researcher (AAO May 25, 2021)2

The petitioner, a biochemistry researcher and a postdoctoral fellow, indicated that as his proposed endeavor he intended to continue his work that focuses on medicinal chemistry. He intended to develop new synthetic methodologies to achieve existing and unknown bioactive compounds and medicines more easily.

Computer Science Researcher (AAO Feb. 7, 2020)3

The petitioner, a computer science researcher, indicated that his proposed endeavor involves conducting research relating to system software and its implementation into commercial software products. The petitioner presented economic benefits, market growth, and advancement of the industry based on his proposed endeavor, as well as multiple expert references that identify specific examples of how the petitioner’s work has impacted his field.

Foodborne Pathogen Researcher (AAO Oct. 23, 2019)4

The petitioner, a foodborne pathogen researcher, was a postdoctoral research associate at the time of filing. He then accepted a position as an Assistant Professor of Food Safety Microbiology. The petitioner indicated that he intends to continue his research aimed at ensuring a healthy food system and sustainable crop production methods.

Pathology Researcher (AAO Jan. 17, 2019)5

The petitioner, a physician researcher specializing in pathology and cellular biology, seeks to continue his research to advance “our knowledge of molecular genetic basis of hematological malignancies, to characterize therapeutically targetable pathways and genetic changes and further, to utilize this knowledge for molecular classification and help guide personalized therapeutic strategies.”

Cardiovascular Researcher (AAO June 7, 2017)6

The petitioner, postdoctoral cardiovascular researcher, investigates molecular treatments for cardiovascular disease. The petitioner explained that he plans to continue his cardiovascular research into improving cardiovascular functioning and developing innovative treatments for heart disease and stroke.

Physician/Researcher (AAO Dec. 27, 2016)7

The petitioner, a physician and researcher, has focused his research on cancer staging and developing survival prognostic calculators for various types of cancer. He intends to continue clinical practice and research, concentrating on cancer outcome research. He anticipates “working closely with tumor boards and cancer registrars” to improve the quality of cancer registry data.

2. Engineer

Chemical Engineer (AAO Mar. 27, 2017)8

The beneficiary (sponsored by the employer), a chemical engineer, received a Ph.D. in Chemical Engineering. He intends to continue his work as a lead researcher to develop new technologies for clean energy solutions.

Metallurgical Engineer (AAO Mar. 20, 2017)9

The petitioner, a metallurgical engineer, received a Ph.D. in metallurgical engineering and a Master’s degree in business administration. He sought to continue his work as a metallurgical engineer to help the mining industry implement “sustainable, profitable, and environmentally conscious practices to ensure the survival of the planet for future generations.”

Lead Software Engineer (AAO Dec. 29, 2016)10

The beneficiary, a lead software engineer, aims to create an innovative, comprehensive, and foundational cyberinfrastructure in support of plant biology research. The petitioner proposes to continue to employ the beneficiary as lead software engineer for the funded project that aims to create the cyberinfrastructure. The petitioner indicates that the beneficiary leads the Core Software team and that under his leadership this team is responsible for the design, development, and innovations associated with the primary software platform that allows researcher[s] to manage and analyze massive data sets.

3. Entrepreneur

Mobile Software Developer and Entrepreneur (AAO Apr. 29, 2020)11

The petitioner, a mobile processor software developer and entrepreneur, indicated that he intends to continue his work as an entrepreneur in the field of mobile technology who will be responsible for research and development activities and commercialization of technologies as well as general management of [his] company. He explained that his proposed endeavor involves developing software for mobile broadcasting services including but not limited to emergency (disaster) broadcasting services.

Agribusiness Entrepreneur (AAO Sept. 19, 2018)12

The petitioner, an agribusiness entrepreneur, invests and manufactures crop bio-stimulants that agrochemical distributors then sell. The petitioner argued that the natural pesticide free bio-stimulant benefits the Florida citrus industry. As one example of the potential benefits of his proposed endeavor, the petitioner explains that his biostimulants are aimed at helping infected trees survive Huanglongbing (HLB), a bacterial citrus greening disease that is a serious threat to citrus crops in Florida.

4. Professor

Professor of Mathematics (AAO Mar. 16, 2018)13

The petitioner, a professor of mathematics, intends to continue her cutting edge-research in computational fluid dynamics. She intends to develop a multidisciplinary platform that combines the power of mathematics and computational modeling to solve challenging scientific and engineering problems.

5. Specialist

Social Protection Specialist (AAO Aug. 11, 2017)14

The petitioner, a social protection specialist, proposes to continue her work as a senior social protection specialist. In this role, she provides support to countries such as Egypt and Yemen through creation of social protection, labor, and community development policies and programs.

6. Biostatistician

Biostatistician (AAO Dec. 27, 2016)15

The petitioner, a biostatistician, proposes to continue her role in the clinical trials network. She intends to ensure rigorous study design and implementation, as well as analysis of data from that network’s groundbreaking research concerning pediatric HIV infection.

7. Consultant

Consultant, Veteran’s Services (AAO Dec. 27, 2016)16

The petitioner, consultant on veteran’s services, intends to improve veteran’s services and wounded warrior care. The petitioner proposes to work as a self-employed consultant for various non-profit and governmental groups to improve U.S. veterans’ services and wounded warrior care.

EB-2 NIW Cases Denied by AAO

On the other hand, AAO concluded in the following EB-2 NIW cases that the petitioner has not demonstrated eligibility for NIW:

Cases AAO Decided that Petitioners Have Not Satisfied the Dhanasar’s First Prong: The Proposed Endeavor has both Substantial Merit and National Importance

In the cases listed below, AAO found that the petitioner has not offered sufficient evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance. AAO found that the record contains insufficient evidence that the endeavor would have broader implications, or national or global implications, within the specific field or industry; the petitioner has not demonstrated that the petitioner’s activities will benefit the regional or national economy and result in the level of “substantial positive economic effects”; and/or the petitioner has not demonstrated that the specific endeavor he/she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the United States.

Entrepreneur, Real Estate (AAO, Oct. 25, 2023)17

The petitioner intends to work in the United States as an entrepreneur in real estate. In 2019, the petitioner established a new real estate construction company in Florida, for which he serves as Director and Investor Partner. He submitted a business plan, indicating that his company operates as a property development company and acts on behalf of buyers, investors, and commission contractors to build properties that are then sold to consumers. The documentation the petitioner submitted indicates that at the time of filing his company had built approximately 19 residential properties in Florida.

Financial Analyst (AAO Aug. 26, 2021)18

The petitioner, a financial analyst, intends to use his “expertise and knowledge in the fields of risk analysis, credit analysis, trade finance, operations and debt restructuring, and management of client portfolios” for the purpose of “providing [redacted] expert advice to U.S. companies, financial institutions, startups and private individuals.” The petitioner claimed that his proposed endeavor will impact the United States because it will create investment opportunities that will enable “cross-border transactions” between the United States and Latin America, create jobs in the United States, attract foreign direct investment (FDI), and help clients make investment decisions that will increase their financial gains.

ESL Teacher (AAO Aug. 23, 2021)19

The petitioner, a teacher, indicated that her proposed endeavor in the United States is to be a language teacher working with children for whom English is a second language. She further indicated that her “main objective is to mitigate this barrier, the initial conflict produced by the sudden move, and the necessity to immediately acquire and comprehend a second language.”

Taekwondo Athlete and Coach (AAO Aug. 11, 2021)20

The petitioner, a taekwondo athlete and coach, indicated that he intends to continue his career as a taekwondo athlete and coach. He asserted that he is a current member of USA Taekwondo and that he plans to engage in his sport as both a competitor and a coach. The petitioner contends that his proposed work “will provide a significant national benefit by promoting sport of Taekwondo and training next generation of exceptional athletes.” He asserts that his undertaking stands to “have a broad impact in the U.S. beyond that of benefiting [the Petitioner] or his direct employers.”

Attorney, U.S.-Iran Cultural Relations (AAO Oct. 4, 2019)21

The petitioner, an attorney, intends to continue her work as special counsel for two U.S. companies and contends that her services for these companies stand “to advance cultural relations between the U.S. and Iran via economic and cultural diplomacy.” The petitioner explained that her proposed work as special counsel involves “promoting free and fair trade between U.S. and Middle Eastern countries by active case development, management of client accounts, analyzing statistical and regulatory requirements, identifying case opportunities and guiding international and national teams to implement marketing strategies.”

Coordinator of a School for Bodyboarding and Environmental Awareness (AAO Mar. 12, 2019)22

The petitioner, a coordinator of a school for bodyboarding and environmental awareness, intends to work “as the Director and Founder of a school that combines the teaching of ocean sports with the teaching of ocean ecology and environmental sustainability.” The petitioner offered a project plan in Hawaii.

Metallurgical Engineer (AAO Mar. 22, 2018)23

The petitioner, a metallurgical engineer, intends to continue her work as a metallurgical engineer with a manufacturer of premium steel wire and wire products, where she has been employed since February 2016. The records include a statement from the general manager stating that the petitioner will contribute to the planning and definition of technical specifications and execution of fundamental projects including designing and planning a new galvanizing plant for the company’s California operations and preparing for the arrival of a new customized EVG mesh machine.

Research and Development Engineer (AAO Dec. 14, 2017)24

The petitioner, a research and development engineer, indicates that he is currently a senior research and development scientist working at an engineering consulting and software development company. He asserts that he intends to continue his work in the engineering consulting business and will use his skills “to diagnose industry challenges, propose solutions in the form of mathematical models and simulations, and to develop physics-based algorithms and software solutions.”

Supply Chain Analyst (AAO Dec. 8, 2017)25

The petitioner, a supply chain analyst, first indicated that she would perform search engine optimization research. In response to the Request for Evidence, she listed her proposed job title as “mathematical statistician” but also stated that she contemplates working for a “healthcare company.” Subsequently, in response to another RFE, she described her proposed endeavor as “statistical analysis and optimization research … in the realm of information technology.”

Smart Factory Research Engineer (AAO Nov. 1, 2017)26 (*denied due to the vague proposed endeavor)

The petitioner, a research engineer, contends that his research concerning smart factory technologies “will help manufacturing facilities in the United States move from traditional models into Smart Factory setups, which will lead to increased production, safer working environments for factory employees, and a reduction of waste.” The petitioner mentioned examples of “companies in the United States who have pledged money in the research and development of Smart Factories” and that “they will need Research Engineers like me.”

Physician, Orthopedic Surgeon (AAO Oct. 24, 2017)27 (*denied as to the clinical work endeavor)

The petitioner, a physician specializing in surgical and non-surgical treatment of the spine, seeks to provide surgical and non-surgical treatment for back pain and states that his plans include setting up a hospital in the U.S. He indicates that his work involves practicing and developing new techniques that are alternatives to surgery and thus avoiding many of the complications of surgery.

Industrial Hygiene Researcher (AAO June 13, 2017)28 (*denied as to the mentorship of students endeavor)

The petitioner, an industrial hygiene researcher, indicated that he aims to continue research relating to the anticipation, recognition, control, and prevention of the causes of silicosis, a disease described as the most common occupational lung disease caused by inhalation of respirable crystalline silica (RCS).

Researcher, Fluid Mechanics and Heat Transfer (AAO May 30, 2017)29 (*denied as to the teaching duties endeavor)

The petitioner, a fluid mechanics and heat transfer researcher, indicates that the petitioner intends to work as a researcher and teacher in the department of mechanical and aerospace engineering. The petitioner’s responsibilities would include teaching three courses per semester, collaborating on fire safety research and interactive [redacted] education and training, studying properties of nano and ferrofluids such as optical and thermal properties, and supervising graduate students and/or post-doctoral fellows.

Physician and Researcher, Neonatology (AAO May 19, 2017)30 (*denied as to the clinical work endeavor)

The petitioner, a physician and researcher specializing in neonatology, is seeking a national interest waiver “based upon the prospective benefit of [his] research” rather than his clinical services. At the time of filing, the petitioner was pursuing postgraduate medical training as a second-year pediatric resident. The petitioner indicates that his research addresses illnesses afflicting premature infants in Neonatal Intensive Care Units (NICUs). He has explained that his work aims to improve conditions in NICUs through focusing on alleviating problems such as sepsis in newborns, parent and caregiver mental health issues, and a lack of oxygen for newborns.

Physician and Researcher, Cardiology (AAO May 10, 2017)31 (*denied as to the clinical work endeavor)

The petitioner, a physician and researcher specializing in cardiology, previously stated that his clinical work offering quality healthcare has an effect on the health care system of the United States as a whole and that his medical research has widespread impact on the quality of medical care across the United States. In a letter of support, a professor of cardiology stated that, as a cardiologist, the petitioner treats and does research on a wide range of heart conditions, including systolic heart failure, which constitutes about 50% of heart failure cases and that this amounts to 2.5 million patients in the United States and it is a major cause of morbidity and mortality.

Minister, Community Development and Outreach (AAO May 5, 2017)32

The petitioner, a minister who works in community development and outreach, intends to set up a bee farm. He claims that the bee farm will assist in empowering the economic stance of the community, and add value for employment especially among the youths of this community. He writes that the project will assist in training those interested in bee-keeping to actualize their dreams.

Teacher and Autism Spectrum Disorder Education Researcher (AAO May 2, 2017)33 (*denied as to the teaching duties endeavor)

The petitioner, a teacher and autism spectrum disorder (ASD) education researcher, previously indicated that she is an innovative teacher and educational program developer for students with autism spectrum disorder. She further explained that she is using her expertise for the development and expansion of novel teaching and assessment methods to increase the knowledge base and understanding of educational approaches and curriculums that engender improvement in the verbal, cognitive, and behavioral skills of children along the autism spectrum. On motion, the petitioner asserts that her research on the issue of mirror intervention and self-awareness in students with autism is seminal and ground breaking.

Attorney, Public Interest (AAO Mar. 31, 2017)34

The petitioner, a lawyer, intends to work as a public interest lawyer offering legal services to clients. She indicated that her practice provides “legal services to low-income communities,” and “significantly helps to make access to substantial justice a reality for most people – thus making the core constitutional right to fair and competent representation achievable to all low-income earners.” In response to the Request for Evidence, she changed her endeavor to tax law practice.

Petroleum Engineer (AAO Mar. 29, 2017)35

The petitioner, a petroleum engineer, works as an engineering advisor to the vice president of a global drilling and completions operations company. She explained that she works to ensure the integrity of global drilling and completions operations through enhancing risk mitigation activities and functional and organizational capabilities. Through her work, she intends to significantly improve performances across all facets in the drilling and completions community to deliver safe, reliable and efficient operations.

High School Mathematics Teacher (AAO Mar. 23, 2017)36

The petitioner, a mathematics teacher, intends to continue his work as a high school teacher serving primarily minority students in science, technology, engineering, and math (“STEM”) disciplines. He describes how he intends to continue using “pioneering techniques and research” regarding STEM education to “prepare minority students” to “participate in professional national STEM educational and economic opportunities in their future.”

Cases AAO Decided that Petitioners Have Not Satisfied the Dhanasar’s Second Prong: The Person is Well Positioned to Advance the Proposed Endeavor

AAO also found that the record is insufficient to demonstrate that the petitioner is well positioned to advance the petitioner’s proposed endeavor in the following cases. AAO found that the evidence does not demonstrate that the petitioner’s work constitutes a record of success or progress in advancing his/her endeavor; and/or the petitioner has not shown that his/her work has served as an impetus for progress in the field, that it has affected local or regional systems, or that it has generated substantial positive discourse in the relevant community.

Transportation Engineering Researcher (AAO Jan. 7, 2020)37

The petitioner, a transportation engineering researcher, was a graduate research assistant. After completing her Ph.D. program in civil engineering, she plans to work as a postdoctoral researcher in the field of civil and transportation engineering. The petitioner indicated that she intends to continue her research aimed at traffic signal systems and connected vehicle technologies. She also plans to undertake research relating to wireless connected vehicle to vehicle technology.

Forensic Scientist (AAO Feb. 13, 2019)38

The petitioner, a forensic scientist, indicates that he seeks to continue his research in biomechanics in the capacity of a forensic scientist. The petitioner further states that, in this role, he uses his specialized mechanical and biomedical engineering skills to explore the cause, nature and severity of injuries, tolerance thresholds, and injury prevention in a variety of accident settings.

Physician, Pediatric Critical Care (AAO Sept. 25, 2018)39

The petitioner, a physician working in a pediatric critical care fellowship at the time of filing, initially described his proposed endeavor as provide medical care to infants and children, whose unstable critical conditions require a pediatric intensive care specialist under the supervision of an attending physician. In response to the Request for Evidence, he indicated that upon completing the fellowship, he accepted a position as a pediatric intensivist and director for quality of the Pediatric Intensive Care Unit in Indiana; and in addition to his clinical duties as a pediatric intensivist, he also is responsible for “working on improving pediatric intensive care unit healthcare outcomes,” “educating nurses and medical residents,” and acting as a community liaison.

Physician and Researcher, Neurology (AAO Jun. 5, 2018)40

The petitioner, a physician and researcher specializing in neurology, indicates that his work as a neurologist aims at providing patients with the best possible care and advancing the field through his research. He further states that he seeks to train other care providers … through numerous educational activities. With respect to his clinical research, the petitioner contends that he will study the impact of ischemic conditioning on patients with acute ischemic stroke receiving mechanical thrombectomy.

Mental Health Therapist and Registered Nurse (AAO May 11, 2018)41

The petitioner, a mental health therapist and registered nurse, seeks to conduct research focusing on how psychological therapies can assist patients’ compliance in taking hepatitis C medication. She also intends to investigate whether a time-limited and solution-focused therapy model can improve patient outcomes for newly diagnosed liver patients.

Integrative Medicine Practitioner (AAO Jan. 2, 2018)42

The petitioner, who works in the field of integrative medicine, indicated that she serves as chief executive officer and will work as a behavioral neurologist and neuropsychiatrist specializing in minimizing interpersonal conflict and using her education and experience to serve as a motivational speaker, mediator and interventional therapist for families.

Smart Factory Research Engineer (AAO Nov. 1, 2017)26 (*denied due to the vague proposed endeavor)

The petitioner, a research engineer, contends that his research concerning smart factory technologies “will help manufacturing facilities in the United States move from traditional models into Smart Factory setups, which will lead to increased production, safer working environments for factory employees, and a reduction of waste.” The petitioner mentioned examples of “companies in the United States who have pledged money in the research and development of Smart Factories” and that “they will need Research Engineers like me.”

Physician, Orthopedic Surgeon (AAO Oct. 24, 2017)27 (*denied as to the research endeavor)

The petitioner, a physician specializing in surgical and non-surgical treatment of the spine, seeks to provide surgical and non-surgical treatment for back pain and states that his plans include setting up a hospital in the U.S. He indicates that his work involves practicing and developing new techniques that are alternatives to surgery and thus avoiding many of the complications of surgery.

Epidemiologist (AAO Sept. 25, 2017)45

The petitioner, an epidemiologist, indicates that she has direct responsibility for monitoring data coming in from 10 large Centers for Disease Control and Prevention (CDC)-funded HIV prevention projects. The petitioner further states that multiple partners in the field tasks her with synthesizing HIV testing data, and she is analyzing it, presenting to stakeholders and reporting it back to the CDC.

Computational Mathematics Researcher (AAO Sept. 21, 2017)46

The petitioner, a computational mathematics researcher, intends to continue his research endeavor of developing models to capture and analyze failure mechanisms of safety and economically critical infrastructure systems.

Industrial Hygiene Researcher (AAO June 13, 2017)28 (*denied as to the research endeavor)

The petitioner, an industrial hygiene researcher, indicated that he aims to continue research relating to the anticipation, recognition, control, and prevention of the causes of silicosis a disease described as the most common occupational lung disease caused by inhalation of respirable crystalline silica (RCS).

Researcher, Fluid Mechanics and Heat Transfer (AAO May 30, 2017)29 (*denied as to the research endeavor)

The petitioner, a fluid mechanics and heat transfer researcher, indicates that the petitioner intends to work as a researcher and teacher in the department of mechanical and aerospace engineering. The petitioner’s responsibilities would include teaching three courses per semester, collaborating on fire safety research and interactive [redacted] education and training, studying properties of nano and ferrofluids such as optical and thermal properties, and supervising graduate students and/or post-doctoral fellows.

Physician and Researcher, Neonatology (AAO May 19, 2017)30 (*denied as to the research endeavor)

The petitioner, a physician and researcher specializing in neonatology, is seeking a national interest waiver “based upon the prospective benefit of [his] research” rather than his clinical services. At the time of filing, the petitioner was pursuing postgraduate medical training as a second-year pediatric resident. The petitioner indicates that his research addresses illnesses afflicting premature infants in Neonatal Intensive Care Units (NICUs). He has explained that his work aims to improve conditions in NICUs through focusing on alleviating problems such as sepsis in newborns, parent and caregiver mental health issues, and a lack of oxygen for newborns.

Physician and Researcher, Cardiology (AAO May 10, 2017)31 (*denied as to the research endeavor)

The petitioner, a physician and researcher specializing in cardiology, previously stated that his clinical work offering quality healthcare has an effect on the health care system of the United States as a whole and that his medical research has widespread impact on the quality of medical care across the United States. In a letter of support, a professor of cardiology stated that, as a cardiologist, the petitioner treats and does research on a wide range of heart conditions, including systolic heart failure, which constitutes about 50% of heart failure cases and that this amounts to 2.5 million patients in the United States and it is a major cause of morbidity and mortality.

Minister, Community Development and Outreach (AAO May 5, 2017)32

The petitioner, a minister who works in community development and outreach, intends to set up a bee farm. He claims that the bee farm will assist in empowering the economic stance of the community, and add value for employment especially among the youths of this community. He writes that the project will assist in training those interested in bee-keeping to actualize their dreams.

Teacher and Autism Spectrum Disorder Education Researcher (AAO May 2, 2017)33 (*denied as to the research endeavor)

The petitioner, a teacher and autism spectrum disorder (ASD) education researcher, previously indicated that she is an innovative teacher and educational program developer for students with autism spectrum disorder. She further explained that she is using her expertise for the development and expansion of novel teaching and assessment methods to increase the knowledge base and understanding of educational approaches and curriculums that engender improvement in the verbal, cognitive, and behavioral skills of children along the autism spectrum. On motion, the petitioner asserts that her research on the issue of mirror intervention and self-awareness in students with autism is seminal and ground breaking.

University Instructor and Multicultural Education Researcher (AAO Apr. 14, 2017)53

The petitioner, a university instructor and multicultural education researcher, indicated that she seeks to continue her research work improving educational practices for minority populations. She indicated that her work has direct and tangible applications in both public schools and in educational methods research. She further explained that the methods and practices she is developing are directly improving student retention rates for culturally diverse populations and addressing the cultural bias in public schools in the United States.

Aerospace Engineer (AAO Mar. 8, 2017)54

The petitioner, an aerospace engineer, intends to continue his work and research in aerospace engineering by starting an engineering simulation business. The petitioner further explained that this business would further support projects of national importance, which could include engineering services for launch vehicles or engineering of scientific payloads.

Cases AAO Decided that Petitioners Have Not Satisfied the Dhanasar’s Third Prong: On balance, it would be Beneficial to the United States to Waive the Job Offer and thus the Permanent Labor Certification Requirements

In all the cases listed above as those that AAO denied, AAO found that the evidence does not indicate that the petitioner offers contributions of such value that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. AAO found that the petitioner has not rendered evidence explaining why a labor certification would be impractical in the petitioner’s case; and the petitioner has not shown that the petitioner presents a significant benefit to the United States through her proposed endeavor or that the petitioner’s prospective work would serve an urgent national interest.

Key Takeaways from the AAO Decisions

As indicated above, the term “endeavor” in NIW is more specific than the general occupation, and USCIS and AAO focus on what types of work the person proposes to undertake specifically within that occupation.

In filing an EB-2 NIW petition, it is critical to demonstrate that the petitioner’s proposed endeavor stands to sufficiently extend beyond his/her clientele, employers, or the business partners to impact the U.S. economy or the relevant industry more broadly at a level that is sufficient to establish the endeavor’ national importance.

In addition, petitioners must clearly explain the specific nature of the proposed endeavor and its potential impact and supply adequate evidence documenting the specific ways in which the petitioners’ experience renders them well positioned to advance the field of endeavor.

Lastly, petitioners must demonstrate that they present benefits to the United States through their proposed endeavor that outweigh those inherent in the labor certification process. Petitioners may also demonstrate an urgent national interest in their proposed endeavor or that obtaining a labor certification would be impractical.

Related Blog: “What is EB-2 NIW Green Card?

Related Blog: “EB-2 NIW Green Card For PhD Student?

Disclaimer

  1. Under authority that the Secretary of Homeland Security has delegated to USCIS, AAO exercises appellate jurisdiction over approximately 50 different immigration case types filed with USCIS offices, as well as certain U.S. Immigration and Customs Enforcement (ICE) determinations. Petitioners and applicants for certain categories of immigration benefits may appeal an unfavorable decision to AAO. AAO conducts administrative review of those appeals to ensure consistency and accuracy in the interpretation of immigration law and policy.  ↩︎
  2. Matter of ___, No. 11913840. ↩︎
  3. In re 7209032. ↩︎
  4. Matter of G-D-K-, ID# 4698526. ↩︎
  5. Matter of M-M-O-, ID# 1901484. ↩︎
  6. Matter of K-H-S-, ID# 532240. ↩︎
  7. Matter of E-A-A-, ID# 77902. ↩︎
  8. Matter of R-T-I-. ↩︎
  9. Matter of F-E-, ID# 46885. ↩︎
  10. Matter of T-U-O-A-, ID# 77945. ↩︎
  11. In re 7235080. ↩︎
  12. Matter of E-J-C-D-H-, ID# 1519291. ↩︎
  13. Matter of L-X-, ID# 1086596. ↩︎
  14. Matter of A- A- A- A-, ID# 454100. ↩︎
  15. Matter of K-A-, ID# 77437. ↩︎
  16. Matter of E-C-H-, ID# 77734. ↩︎
  17. In Re: 28427371. ↩︎
  18. Matter of ___, No. 17929610. ↩︎
  19. Matter of ___, No. 16228422. ↩︎
  20. Matter of ___, No. 15896144. ↩︎
  21. Matter of L-F-, ID# 6600817. ↩︎
  22. Matter of R-D-S-E-, ID# 2360141. ↩︎
  23. Matter of L-R-R-, ID# 1034011. ↩︎
  24. Matter of N-C-, ID# 860831. ↩︎
  25. Matter of E-L-, ID# 784849. ↩︎
  26. Matter of S-H-K-, ID# 551127. ↩︎
  27. Matter of I-K-C-, ID# 613815. ↩︎
  28. Matter of C-W-K-, ID# 330051. ↩︎
  29. Matter of N-S-M-K-. ID# 262667. ↩︎
  30. Matter of A-D-, ID# 287483. ↩︎
  31. Matter of A-R-A-A-E-, ID# 279893. ↩︎
  32. Matter of D-O-, ID# 76247. ↩︎
  33. Matter of C-K-D-, ID# 220146. ↩︎
  34. Matter of K-C-O-, ID# 77988. ↩︎
  35. Matter of J-D-, ID# 100146. ↩︎
  36. Matter of R- F- M-, ID# 12602. ↩︎
  37. In re 6505409. ↩︎
  38. Matter of S-O-K-, ID# 1864546. ↩︎
  39. Matter of N-P-, ID#1519707. ↩︎
  40. Matter of S-A-K-, ID# 1264560. ↩︎
  41. Matter of J-S-, ID# 1156595. ↩︎
  42. Matter of C-A-H-, ID# 615910. ↩︎
  43. Matter of S-H-K-, ID# 551127. ↩︎
  44. Matter of I-K-C-, ID# 613815. ↩︎
  45. Matter of H-W-N-, ID# 551406. ↩︎
  46. Matter of S-S-, ID# 702214. ↩︎
  47. Matter of C-W-K-, ID# 330051. ↩︎
  48. Matter of N-S-M-K-. ID# 262667. ↩︎
  49. Matter of A-D-, ID# 287483. ↩︎
  50. Matter of A-R-A-A-E-, ID# 279893. ↩︎
  51. Matter of D-O-, ID# 76247. ↩︎
  52. Matter of C-K-D-, ID# 220146. ↩︎
  53. Matter of N-K-, ID# 191636. ↩︎
  54. Matter of G-P-C-F-K-, ID# 1033730. ↩︎

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