Published AAO appeal decisions

Chief executive in small business development seeking EB-1A extraordinary ability classification. Met two of ten regulatory criteria: judging and scholarly articles. AAO dismissed appeal because petitioner failed to meet three criteria required for EB-1A eligibility and did not demonstrate sustained acclaim or top-tier recognition.

A marketing and product development executive sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because her proposed endeavor to develop beauty industry products lacked national importance; impact limited to specific employer benefit rather than broad industry or economic effect.

A general and operations manager pursued EB-2 advanced degree and NIW classification. The AAO found the petitioner failed to identify a specific proposed endeavor, instead describing general construction management. Without specific details, national importance and positioning could not be assessed.

Logistics manager sought EB-2 NIW to operate trucking company. AAO dismissed: while endeavor has substantial merit, petitioner failed to demonstrate national importance. Business plan projections and job creation targets insufficient to show substantial positive economic effects at national level required by Dhanasar.

Entrepreneur seeking NIW for EB-2 classification. Proposed service outsourcing and marketing business. AAO dismissed because petitioner failed to establish advanced degree eligibility and did not demonstrate national importance of proposed endeavor; expert letter provided only conclusory assertions without substantive explanation.

Human talent administrator sought NIW as EB-2 advanced degree professional for HR consulting company. AAO affirmed denial, finding endeavor lacked national importance. Business plan showed potential but failed to demonstrate broad field implications, substantial economic effects, or impact beyond clients sufficient for national importance.

Cross-cultural leadership specialist sought EB-2 NIW to advise US businesses on organizational development. Petitioner met second prong showing qualifications but failed first prong; proposed work would not extend beyond employer and clients to impact the field at national level.

An entrepreneur in commercial management proposed financial and commercial consulting. AAO dismissed because the proposed endeavor lacks national importance; evidence does not establish regional or national impact or broader implications in the commercial consulting field.

A pest control entrepreneur with a biology degree seeks EB-2 NIW to operate a pest control management business in Florida. AAO dismissed because the proposed endeavor lacks national importance under Dhanasar; the business would serve only local customers and employees and does not impact the pest control industry broadly.

A gender, diversity, and inclusion specialist sought EB-1A extraordinary ability classification. She met the initial evidence threshold but failed to establish sustained national or international acclaim. She performed critical roles for organizations but lacked evidence of major contributions to the broader field or recognition as among the very top in her field.

A tourism and hospitality manager sought EB-2 exceptional ability classification and national interest waiver. The AAO found his educational credentials insufficient for advanced degree professional status and he met only one exceptional ability criterion. The appeal was dismissed without reaching the Dhanasar framework.

Supply chain specialist sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor lacked national importance. While supply chain optimization has value, petitioner failed to show impact beyond employer or broader field implications commensurate with national importance.

Cosmetics industry entrepreneur sought EB-2 exceptional ability classification with NIW. AAO dismissed appeal after finding petitioner met only one of six required criteria. Without meeting three criteria for exceptional ability, petitioner could not establish NIW eligibility; Dhanasar prongs not analyzed.

Entrepreneur sought NIW classification as individual of exceptional ability. AAO affirmed denial; petitioner met only one of six exceptional ability criteria, failing to satisfy initial evidentiary threshold. NIW analysis reserved as unnecessary.

Marketing manager seeking EB-2 NIW for startup marketing consultancy. AAO affirmed director's finding that endeavor lacked national importance; breadth of implications limited to petitioner's company and clients without broader regional or field-wide impact.

A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.

Self-petitioner, organizational development specialist proposing supply chain management and logistics consulting, sought EB-2 with NIW. AAO affirmed denial on national importance; petitioner's experience and expert letter on occupation importance insufficient; specific business endeavor lacks broader implications.

A business professional in enterprise resource planning software sought EB-1A extraordinary ability classification. He claimed judging, original contributions, high salary, and commercial success criteria. The AAO found his mentoring did not constitute judging, his patented chatbot lacked field-wide significance compared to major competitors like Siri and Alexa, and he satisfied only one criterion, failing the threshold.

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR field.

A business and finance administrator sought EB-2 advanced degree classification with national interest waiver. The AAO dismissed the appeal, finding the petitioner's proposed endeavor lacked sufficient specificity and national importance; consulting services were too general to demonstrate broader field impact.

Business administrator sought NIW for EB-2 classification to establish management consulting and training company. Director found substantial merit but not national importance. AAO affirmed dismissal, finding petitioner failed to demonstrate her specific endeavor would produce substantial prospective impact or national importance despite overall field significance.

Logistics manager with claimed advanced degree seeks national interest waiver for own business in supply chain management. AAO dismissed because petitioner failed to establish underlying EB-2 classification and also did not demonstrate his proposed endeavor has national importance beyond his clients.

Linguist with advanced degree sought EB-2 with NIW for communications director role in trucking industry. Director found eligibility but denied NIW. AAO affirmed, finding petitioner failed first Dhanasar prong; proposed endeavor lacks specific national importance despite industry significance and late-added claims about owning company.

General manager and entrepreneur seeks exceptional ability EB-2 with NIW. AAO affirmed denial because petitioner satisfied only one of six exceptional ability criteria required. Without underlying EB-2 eligibility, NIW analysis was not reached.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.