Published AAO appeal decisions

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

A ship trading company sponsored a marine project manager for EB-2 classification as an advanced degree professional or exceptional ability individual, and later argued it intended a national interest waiver. The AAO dismissed the appeal because the beneficiary did not qualify for the underlying EB-2 classification, and the waiver was not reached.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

Executive assistant sought EB-2 NIW with goal of event management role. Petitioner significantly changed proposed endeavor from initial petition to RFE response, creating ambiguity. AAO found endeavor could not be analyzed under Dhanasar framework due to inconsistent articulation.

A chief financial and robotic process automation officer seeks EB-2 NIW. The AAO found the proposed endeavor has substantial merit but lacks national importance, as it would affect only the petitioner's direct employer and hotel-resort clients without broader industry impact or demonstrated economic ripple effects. Appeal dismissed.

A commercial development specialist in real estate sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner did not meet three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii), making Dhanasar analysis unnecessary.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

A police inspector with an advanced degree sought EB-2 national interest waiver for a private security consulting business. The AAO dismissed the appeal, finding that while the field itself is important, the petitioner failed to demonstrate his specific business would impact the private security industry broadly or extend beyond serving individual clients.

Marketing and communication vice president seeks NIW for EB-2. Claimed proposed endeavor promotes economic growth and onshoring in textile industry. AAO held the work lacks national importance; promoting existing technologies to current and prospective customers does not impact industry or field more broadly.

Logistician sought exceptional ability classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; role maintaining current employment and serving employer clients insufficient, lacking national or global implications or significant broader field impact.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

A general manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The Director found she did not establish exceptional ability eligibility. The petitioner did not contest this determination on appeal and did not address the waiver framework, so the appeal was dismissed based on waived underlying eligibility issues.

Human resources specialist seeking EB-2 NIW classification claimed exceptional ability and national interest waiver. AAO found petitioner met only two of six exceptional ability criteria: insufficient full-time experience documentation as HR specialist and inadequate evidence of achievement. Because three criteria are required, NIW Dhanasar framework analysis not reached.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

General and operations manager seeks EB-2 with national interest waiver under Dhanasar framework. AAO dismissed, finding proposed endeavor lacks substantial merit and national importance; basic economic activity of advising businesses does not reach level required for waiver.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.

Business development director sought EB-2 NIW as advanced degree professional. Qualified for underlying EB-2. AAO found proposed business development endeavor poorly defined and lacking substantial merit and national importance. Petitioner failed to document specific projects, scale, or prospective economic impact needed to establish national importance.

Former military officer seeking EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. Petitioner did not hold recognized bachelor's degree equivalent and failed to establish three of six exceptional ability categories. Ineligible for EB-2; appeal dismissed.

General operations professional sought EB-2 NIW classification. AAO found foreign degree equivalent to three years of U.S. study, not a bachelor's degree, despite academic evaluations claiming otherwise. Educational evaluation implausibly credited five-year equivalent in three years. Ineligible for underlying EB-2; NIW prongs not reached.

A cleaning-products manufacturer petitioned for its president, seeking an advanced degree classification with a national interest waiver. The service center found the degree qualification met but denied the waiver. The AAO dismissed the appeal, holding that national importance of the endeavor was not shown through employment or economic effects, and reserved the other prongs.

A company executive was the beneficiary of an O-1 extension petition filed by his employer in the business field. The director denied it over a suspended corporate status and a willful misrepresentation finding. The AAO withdrew the decision and remanded, because the director did not adequately consider the response to the notice of intent to deny.

A military officer with advanced degree in special and tactical operations seeks EB-2 NIW. The petitioner proposed creating a security consulting company. The AAO dismissed the appeal, finding the endeavor fails to demonstrate national importance or substantial economic effects under Dhanasar.