Published AAO appeal decisions

Human resources manager sought EB-2 with NIW to own and operate HR consulting firm as CEO. AAO affirmed denial, finding proposed endeavor lacks national importance; credentials and business projections do not demonstrate impact beyond prospective clients and company.

Entrepreneur from Brazil seeking EB-2 as individual of exceptional ability for private security firm. Failed to meet underlying EB-2 exceptional ability requirement; lacked direct experience as chief executive of security firm and credentials above field norm.

A human resources management specialist sought EB-2 classification as a person of exceptional ability plus a national interest waiver. The AAO found she met only two of six exceptional-ability criteria; appeal dismissed without reaching national interest waiver analysis.

An area manager/operational director seeks EB-2 NIW for work in hotel industry expansion in Texas, citing 80% sector growth and federal hospitality initiatives. AAO held the proposed endeavor lacks national importance because petitioner failed to show specific endeavor provides substantial economic benefits and broader implications beyond individual business expansion.

A business manager with advanced degree seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding substantial merit in her proposed business consulting endeavor but no national importance because typical business management duties lack broader implications and she provided only generalizations about economic effects.

Professional with advanced degree sought NIW for EB-2 classification to provide environmental and occupational health advisory services without job offer. AAO dismissed appeal because proposed endeavor lacked national importance; petitioner made unsupported claims of alignment with government priorities without evidence of field-wide impact or substantial economic benefits.

A sales director seeking EB-2 with national interest waiver claimed ability to direct organizational sales teams and develop training programs. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance as it would only affect individual partner companies without demonstrating substantial positive economic effects or broader field impact.

A human resources and business development manager self-petitioner sought EB-2 national interest waiver for renewable energy work. The AAO dismissed the appeal: while conceding substantial merit and positioning, the record lacked evidence that the proposed endeavor had national importance or would impact the field beyond her company and clients.

Entrepreneur with 18 years business experience sought NIW through company providing sales and revenue services to U.S. businesses. AAO dismissed appeal, finding no national importance; petitioner's professional network and expertise relate to second prong only, not to prospective impact beyond client-specific benefits.

Family relationship coach seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite having substantial merit and petitioner being well-positioned to advance it, because coaching families and training providers would not impact the field broadly as required by Dhanasar.

Project manager with ERP and IT expertise sought NIW, claiming endeavor would streamline U.S. company operations. Advanced degree professional qualified for EB-2. AAO dismissed because proposed project management services lacked national importance; benefits would be employer-specific without broader industry impact or substantial positive economic effects.

Athletic training entrepreneur seeks EB-2 advanced degree professional with national interest waiver for specialized physical training firm. AAO found petitioner qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks national importance. Appeal dismissed.

Construction entrepreneur seeking EB-2 national interest waiver. Claimed two decades of business experience and economic ripple effects demonstrate national importance. AAO held that first prong focuses on proposed endeavor itself, not petitioner's skills or execution; no evidence of national importance or broader implications required.

A professional sought EB-2 with NIW to establish a freight transportation company proposing to employ 20 workers. The AAO dismissed, finding insufficient evidence of national importance. The proposed endeavor would benefit specific customers and local employment without demonstrating broader implications for the transportation field.

A business manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five exceptional ability criteria, with only membership found by the director. The AAO found the academic record, experience and salary evidence deficient, so fewer than three criteria were met, and it reserved the Dhanasar analysis.

Entrepreneur sought EB-2 advanced degree or exceptional ability and NIW. AAO found petitioner qualified for advanced degree EB-2 but dismissed NIW appeal. Proposed management consulting endeavor lacked national importance despite job creation projections; substantial merit acknowledged but personal qualifications immaterial to first Dhanasar prong.

Petitioner proposes startup logistics and transportation company in Florida. Claimed endeavor has national importance. AAO held prior work experience and generalized industry reports do not establish specific endeavor's national importance; startup company among many competitors lacks demonstrated broader field implications.

Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.

Entrepreneur in commercial flooring sought EB-2 NIW. AAO withdrew Director's advanced degree finding due to deficient work experience letters, but affirmed NIW denial. Proposed business lacked demonstrated national importance; claimed strategic approaches and product diversity offered only incremental benefits.

IT project manager sought NIW for EB-2 advanced degree or exceptional ability classification without job offer. AAO dismissed appeal because the proposed IT project management services lacked national importance; petitioner made unsupported claims without evidence of field-wide impact or substantial economic benefits.

Self-petitioner proposing fraud risk and prevention consultancy sought NIW. AAO affirmed denial: while endeavor had merit, it lacked national importance. Evidence of job experience and industry importance relate to second prong, not first; business plan and letters did not show specific prospective impact at national level.

A security management specialist proposes to establish a security services business and claims exceptional ability. The AAO dismissed the appeal because the petitioner failed to meet at least three of six regulatory criteria for exceptional ability under the EB-2 classification, rendering NIW analysis unnecessary.

Commercial manager sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed commercial strategy endeavor under Dhanasar framework; evidence showed only personal or employer-specific benefit.

Advanced degree professional sought EB-2 with NIW for business executive and educator role. AAO dismissed because petitioner failed first Dhanasar prong: no evidence that proposed endeavor has national importance or substantial positive economic effects commensurate with waiving job offer requirement.

Administrative services manager sought NIW for EB-2 to operate motor vehicle maintenance and repair shop. AAO dismissed appeal; proposed endeavor lacks national importance despite projected employment; does not differ from countless other automotive service businesses nationwide.