Published AAO appeal decisions

Automobile repair and rental shop manager seeks NIW for EB-2 classification as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but satisfied only one: ten years experience. AAO dismissed because petitioner failed to meet minimum threshold of three criteria; NIW analysis reserved as ineligible for underlying EB-2 classification.

Managing consultant seeks national interest waiver for nonprofit consulting company serving homelessness and income inequality. AAO affirmed denial: despite substantial merit, endeavor lacks evidence of national importance; insufficient projections of regions, projects, or employment impact.

An online education entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO found the petitioner met only one of six exceptional ability criteria and therefore was ineligible for the underlying EB-2 classification. NIW analysis was declined as the petitioner was ineligible for EB-2. Appeal dismissed.

Woman seeking EB-2 NIW to operate business providing services for disadvantaged women claimed substantial merit for gender equality initiatives. AAO held specific proposed endeavor lacked national importance; local South Carolina benefits and $155K first-year revenue insufficient.

Tourism director from Ministry of Commerce seeks EB-2 advanced degree professional and national interest waiver. AAO found petitioner failed first Dhanasar prong: no sufficiently detailed or specific proposed endeavor identified. Appeal dismissed.

Operations manager sought NIW, describing proposed endeavor variously as general corporate optimization and then sustainable fast-casual dining. AAO dismissed appeal because petitioner failed to consistently articulate the endeavor's nature, making analysis under Dhanasar framework impossible.

Physical fitness entrepreneur seeking EB-2 national interest waiver. Claimed endeavor has substantial merit and national importance through job creation and economic benefits. AAO found substantial merit but no national importance because evidence did not demonstrate broader field impact or adequate economic scale.

Entrepreneur in real estate construction sought EB-2 NIW. Director found advanced degree but denied waiver. AAO affirmed: proposed endeavor had merit but lacked national importance; expanding company and creating jobs in affordable housing insufficient to demonstrate prospective impact beyond petitioner's own operations.

A legal consultant qualified for EB-2 advanced degree seeks NIW to own and operate legal consulting company serving clients in Brazil. AAO found petitioner failed Dhanasar first prong; proposed business lacks national importance and general business administration generalizations insufficient to demonstrate specific endeavor impact.

Security manager self-petitioned for EB-2 NIW. AAO affirmed denial, finding proposed security endeavor had substantial merit but lacked national importance; applicant's personal expertise and experience relate to second prong, not the endeavor's prospective impact.

Security management specialist-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial of waiver. While finding substantial merit, AAO held endeavor lacked national importance; no corroborating evidence of broad economic or industry impact.

Pharmaceutical logistics consultant seeks EB-2 national interest waiver for proposed endeavor improving clinical trial operations. AAO affirmed director's finding that petitioner failed to establish national importance; specific endeavor lacked sufficient detail and supporting evidence of economic impact beyond regional clients.

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

Proofreader and localization manager seeking NIW for EB-2 advanced degree classification to establish localization services business. AAO held petitioner did not demonstrate national importance, as endeavor lacks broader impact beyond business operations and targeted clients.

Supply chain specialist seeking EB-2 with national interest waiver. Petitioner failed to demonstrate national importance of proposed endeavor; work lacked broad implications beyond specific employer. Appeal dismissed.

Entrepreneur in transportation sales seeks EB-2 advanced degree and NIW for management consulting firm providing sales and hiring services. AAO affirmed denial because proposed endeavor lacks national importance despite alignment with federal infrastructure initiatives; merely local optimization insufficient.

Business manager sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, affirming director's determination that while endeavor had substantial merit, applicant failed to demonstrate national importance under Dhanasar, lacking evidence of projected economic impact or job creation beyond individual company benefit.

Executive chef with foreign bachelor's degree sought EB-2 NIW claiming the endeavor would innovate Italian cuisine in U.S. establishments. The AAO dismissed because she focused on occupational importance rather than her specific endeavor's prospective impact; preparing food for direct customers lacks broader field implications required by Dhanasar.

Legal analyst and entrepreneur sought NIW for EB-2 advanced degree classification to establish real estate investment consultancy without job offer. AAO dismissed appeal because the proposed endeavor lacked national importance; it would not impact the field broadly or produce substantial economic effects beyond the company and its clients.

Petitioner sought EB-2 NIW for business consulting startup. Director denied, found advanced degree but no national importance. AAO affirmed: generalized industry information insufficient; specific endeavor lacked national or global implications; job creation claims unsubstantiated.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

Executive manager from Brazil sought EB-2 classification and NIW waiver to establish marketing and graphic company in United States. AAO dismissed appeal because petitioner failed to establish advanced degree equivalent or exceptional ability under EB-2 criteria, making underlying eligibility dispositive.

A human resources director sought an EB-2 national interest waiver for a proposed HR consulting company. The AAO affirmed denial because the specific endeavor lacked national importance, as evidence showed only local company and client benefits without substantial national economic effects.

A restaurant manager claimed advanced degree and exceptional ability in business, seeking EB-2 with national interest waiver. AAO dismissed, finding petitioner did not qualify for EB-2 as neither advanced degree professional nor exceptional ability individual, making NIW eligibility unreachable.

A self-described life coach and motivational leader sought EB-1A extraordinary ability classification. The AAO dismissed, finding he failed to satisfy three required evidentiary criteria and lacked sustained national or international acclaim required for the highest echelon.