Published AAO appeal decisions

An entrepreneur with a claimed master's degree from Brazil sought EB-2 NIW classification. The AAO found the petitioner did not establish an equivalent U.S. advanced degree or five years of progressive experience, and waived exceptional ability arguments. The Dhanasar NIW criteria were not addressed.

A general operations manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance under Dhanasar; benefits are limited to individual clients without broader implications to the field or economy.

A pilot seeking EB-2 NIW to work in aviation claimed his endeavor has substantial merit and national importance. AAO held that while the aviation industry is important, the pilot's specific proposed work lacks demonstrated national importance and broader field impact.

A wellness consultant sought EB-2 NIW without submitting translated degree transcripts and claiming her consultancy firm would advance national wellness. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would only benefit clients and trainees locally, not impact the field broadly.

Business strategist seeks EB-2 NIW. AAO sustained appeal dismissing petition because proposed endeavor lacks national importance despite claimed global implications. Decision notes specific endeavor impact determines national importance, not field importance.

A management specialist seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor. Although the petitioner is well-positioned to advance it, the evidence does not show broader impacts on the field or substantial positive economic effects at national level.

A consultant seeking EB-2 classification and national interest waiver for a small business development endeavor in economically disadvantaged cities. The AAO dismissed the appeal, holding the proposed endeavor lacks the national importance required under Dhanasar's first prong, as the petitioner did not demonstrate substantial positive economic effects or significant job creation potential.

Accountant and professor sought NIW as EB-2 advanced degree professional to operate management consulting business. AAO dismissed because generalized assertions about profitability and job creation lack corroborating evidence showing endeavor extends beyond client base to benefit field; insufficient economic impact demonstrated.

A Russian entrepreneur sought EB-2 with NIW for a mental health business focused on body-positive movement. The AAO dismissed because while the endeavor had substantial merit, petitioner failed to demonstrate national importance; ripple effects within a narrow community insufficient.

Accountant and entrepreneur seeks EB-2 NIW for business consulting firm. Petitioner claimed substantial merit and national importance under Dhanasar. AAO dismissed because the proposed endeavor lacked national importance; general business improvement and economic assertions were insufficient without specific evidence of prospective national-level impact.

A public administration expert in sports with advanced degree sought EB-2 NIW classification. Director found substantial merit but denied national importance. On appeal, petitioner submitted letters of intent and business projections forecasting 14 jobs by year five, but AAO found projections lacked significance for broader field or national economy impact.

Steel manufacturing entrepreneur sought EB-2 advanced degree classification and NIW for proposed steel pipe manufacturing company. AAO dismissed because petitioner failed to demonstrate four-year undergraduate degree equivalent and proposed endeavor lacked national importance beyond prospective clients and employees.

Human resources professional and entrepreneur seeking EB-2 classification with national interest waiver for human resources consulting startup. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found proposed endeavor lacked sufficient evidence of national importance and would benefit only business and immediate clients.

A CEO of a lighting event design group seeking EB-2 classification as exceptional ability professional with national interest waiver. The AAO dismissed because the petitioner failed to establish the underlying EB-2 qualification, lacking both an advanced degree and meeting three of the exceptional ability criteria, making national interest waiver analysis unnecessary.

A senior director of product management met three of ten EB-1A criteria (judging, scholarly articles, leading role). However, the AAO upheld dismissal on final merits, holding the record demonstrates some field recognition but fails to show sustained national or international acclaim required for extraordinary ability at the very top.

Public bid procurement specialist sought EB-2 with national interest waiver to work in US helping government win bids in Brazil. AAO dismissed appeal, finding proposed endeavor lacked national importance and failed first prong of Dhanasar; lacked evidence of broader field impact or substantial economic effects.

Business intelligence professional seeking EB-2 with NIW for establishing a company. Petitioner claimed endeavor addresses industry worker shortage with substantial economic impact. AAO held national importance not established; isolated business activities lack broader field implications or substantial economic effects required by Dhanasar.

Commercial administrator with logistics focus seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal, adopting director's finding that proposed logistics and supply chain management endeavor, while having substantial merit, lacks national importance; benefits limited to future clients rather than broader industry impact.

Legal and business advisor sought NIW as EB-2 to provide technical and mechanical support to disaster-affected communities and businesses. Petitioner claimed national importance based on reconstruction efforts and economic growth. AAO rejected national importance because claimed impact lacks substantiation and does not demonstrate broader industry or substantial economy-wide effects.

A business consultant seeking NIW claimed her financial and business management consulting endeavor would have national importance through job creation and economic benefits. AAO affirmed denial because the specific endeavor lacked sufficient prospective impact on the field or economy to constitute national importance under Dhanasar.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

A Portuguese language instructor seeks NIW for a translation and language teaching business in Florida. The AAO dismissed the appeal, finding substantial merit but no national importance because the proposed endeavor lacks broader field implications and significant prospective economic impact beyond regional clients.

Marketing consultant entrepreneur sought EB-2 national interest waiver. AAO affirmed dismissal, finding her proposed marketing consulting services lacked national importance under Dhanasar's first prong; the endeavor's benefits would not extend beyond her company and clientele to impact the field or economy broadly.

A financial officer holding an advanced degree sought EB-2 with NIW, proposing to serve as CFO of supply chain consulting company. The AAO affirmed denial, finding the proposed endeavor lacked national importance; projected economic benefits and individual company engagement insufficient to meet national importance standard.