Published AAO appeal decisions

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

Business management and restructuring consultant sought EB-2 NIW. AAO dismissed appeal, affirming Director's finding that proposed consulting endeavor lacked national importance under Dhanasar. Petitioner's focus on personal experience and general business optimization methodology did not establish particularized impact.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

A security consultant sought EB-2 exceptional ability classification with a national interest waiver to establish a private security consulting business. The AAO dismissed, finding the proposed endeavor lacks national importance despite the petitioner's skills and Brazilian law enforcement background; no sufficiently direct connection to nationally important impact.

Business consultant sought EB-2 national interest waiver for implementing financial management model in United States. Petitioner claimed endeavor would transform small business success rates. AAO held record lacked documentation of prospective impact beyond clients; insufficient capital commitments and no evidence of substantial economic effects.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

CEO and entrepreneur sought EB-2 national interest waiver for construction company. Petitioner cited HUBZone certification, direct and indirect employment projections, and economic enhancement claims. AAO held the record lacked sufficient evidence of prospective economic impact or national importance of the specific endeavor beyond general industry benefits.

A procurement and import specialist sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed denial because the petitioner did not establish ten years of experience or meet three of six exceptional ability criteria, rendering him ineligible for the underlying classification and making the NIW analysis unnecessary.

A consultant sought EB-2 with NIW. The AAO affirmed denial because the petitioner did not establish an advanced degree equivalent through proper academic records, only submitting diploma and educational evaluation letters. The decision did not reach NIW analysis.

Urban development planner sought EB-2 with national interest waiver. AAO held petitioner failed the well-positioned prong: lacked specific business model or plan for United States endeavors and no credible evidence of investor or customer interest, despite experience with international projects.

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

A petitioner in business management sought EB-2 NIW classification based on an advanced degree. The AAO affirmed denial because the petitioner failed to establish five years of progressive experience in the specialty, a requirement for advanced degree equivalency. The NIW Dhanasar prongs were not addressed.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.

A co-owner and general manager of a moving and storage business sought EB-2 national interest waiver as individual of exceptional ability. The AAO dismissed the appeal, finding insufficient eligibility criteria for exceptional ability and lack of national importance for the business endeavor.

Senior project manager seeking EB-2 exceptional ability and national interest waiver. Petitioner claimed six regulatory criteria but AAO found only two met. AAO withdrew Director's finding on one criterion, leaving only two criteria satisfied. Dismissed because petitioner failed to meet the three-criterion threshold for exceptional ability, disqualifying him from NIW consideration.

A business manager sought NIW based on EB-2 exceptional ability or advanced degree. The appeal was dismissed as moot following a motion to reconsider. On merits, the petitioner failed to establish national importance; the vacation rental business endeavor would serve an existing tourism industry locally but lacked broader implications or substantial economic effects commensurate with national importance.

An international commercial manager sought employer-sponsored EB-2 NIW claiming expertise in logistics and international markets. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; her proposed endeavor lacked broader industry impact and she provided no explanation of specific implementation methods.

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.