Published AAO appeal decisions

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.