Published AAO appeal decisions

Industrial engineer seeking EB-2 with national interest waiver proposed supply chain management consulting. AAO affirmed denial because the specific endeavor lacked demonstrated national importance despite industry importance; supply chain work was confined to individual clients and businesses without broader field-level implications.

A big data center consultant sought extraordinary ability classification in business. He met three initial evidentiary criteria and demonstrated sustained national recognition as an expert, including leadership of technology standards groups. The AAO sustained the appeal, finding he is among the small percentage at the very top of his field.

A business consultant seeks NIW status to operate a strategy and management advisory service. The AAO rejected the claim because services would benefit only individual client companies without extending to broader industry impact or demonstrating substantial national economic effects.

Human resources consultant with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal because petitioner failed to establish that her specific proposed endeavor has national importance. Generalized information about hotel industry significance did not substitute for demonstrating the particular endeavor's implications.

Production supervisor in automotive industry sought EB-2 advanced degree or exceptional ability classification with NIW. AAO affirmed denial: petitioner satisfied diploma criterion but failed to meet three of six exceptional ability criteria and lacked evidence of expertise above ordinarily encountered levels, thus ineligible for EB-2 and NIW.

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

An operations manager sought EB-2 classification with national interest waiver as either advanced degree professional or person of exceptional ability. The AAO dismissed the appeal because the petitioner abandoned the threshold issue of qualifying for the underlying EB-2 classification, declining to reach the Dhanasar framework.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

Supply chain manager sought NIW for EB-2 exceptional ability classification. Petitioner proposed designing and implementing distribution systems to advance US logistics economy. AAO dismissed because proposed endeavor failed national importance requirement; support letters showed competence only, not broader field implications or substantial economic effects.

A quality systems specialist sought EB-2 NIW claiming her consulting work would improve industry performance and national economic output. The AAO dismissed, finding her work for fifteen small companies lacked evidence of national-scale impact or substantial economic effects required for national importance.

Legal and business consultant seeking EB-2 NIW claimed broad endeavor spanning legal consulting, real estate investment, and Kazakhstan-U.S. business ties. AAO held the proposed endeavor lacked specificity and national importance; individual benefits and economic assertions insufficient for national-level impact.

Human resources consultant with advanced degree in psychology seeks EB-2 national interest waiver for consulting business. Claimed national importance based on HR field demand and prior professional accomplishments. AAO dismissed, finding petitioner adequately defined endeavor but failed to establish national importance; focus on endeavor itself, not petitioner's qualifications.

An entrepreneur directing a small freight transportation company sought a national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; local job creation and company-focused benefits did not extend to broader industry or national economic impact.

Physician and business consultant sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor had substantial merit but lacked national importance. Vague description of business consulting services and market opportunity did not establish specific prospective impact on healthcare field.

Entrepreneur seeking national interest waiver for EB-2 exceptional ability classification. Petitioner claimed involvement with brand and ventures. AAO withdrew Director's finding that petitioner met three criteria, concluding insufficient evidentiary basis for EB-2 eligibility; first Dhanasar prong also not met; appeal dismissed.

Sales manager holding advanced degree sought national interest waiver for EB-2 proposed endeavor. AAO dismissed appeal, finding proposed sales work in IT sector lacked national importance under Dhanasar framework; revenue generation to employer insufficient without demonstrating wider significance or broader implications.

Human resources entrepreneur sought NIW as EB-2 advanced degree or exceptional ability holder. Proposed HR consulting services in Texas. AAO reversed Director's advanced degree finding; affirmed denial under Dhanasar, finding endeavor lacked national importance despite employment projections and industry importance.

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability or top-tier status.

Organizational psychologist sought EB-2 NIW for HR services business. Claimed substantial merit and national importance. AAO found substantial merit established but rejected national importance because the endeavor would not impact the HR field broadly, only the petitioner's organization and clients.