Published AAO appeal decisions

Entrepreneur and venture capitalist in information and communications technology sought EB-2 NIW classification. Proposed to provide consulting and training services. AAO dismissed, finding proposed work lacks national importance under Dhanasar first prong; services too limited to company clientele without substantial economic benefit.

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.

Legal analyst sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding specific endeavor lacks broader implications beyond immediate employer and clients.

Project manager sought EB-2 advanced degree and exceptional ability classification with national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate advanced degree (insufficient post-baccalaureate experience) and did not meet three exceptional ability criteria, making NIW analysis moot.

Business operations specialist claimed extraordinary ability under EB-1A, meeting two of ten criteria initially: leading role and high salary. On appeal, claimed published material criterion but AAO found translations inaccurate and uncertified. AAO dismissed, finding insufficient evidence of acclaim or top-tier status despite meeting two criteria.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.

Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.

A general manager with an advanced degree sought an EB-2 national interest waiver for a business consulting venture in mergers, acquisitions, and foreign direct investment. The AAO found the proposed endeavor lacked national importance despite stated job creation intentions, as evidence showed limited prospective impact beyond immediate clientele.

Marketing management specialist sought national interest waiver for EB-2 classification. Petitioner initially proposed marketing manager position but changed proposed endeavor to social media marketing company CEO in RFE response without explanation. Appeal dismissed because material changes to proposed endeavor prevented analysis of Dhanasar framework.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Business management consultant sought EB-2 advanced degree with NIW to operate consulting firm facilitating U.S.-Brazil business expansion. AAO dismissed appeal, finding petitioner failed first Dhanasar prong; proposed endeavor of four to eight direct employees lacks national importance and broader implications required for substantial positive economic effect.

Senior vice president of real estate and interior design company seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of real estate development and interior design services. AAO found substantial merit but no national importance; work lacks sufficient economic impact or broader field implications warranting national interest waiver.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

Entrepreneur founder of retail shops seeking NIW as exceptional ability business person. Claimed substantial merit and national importance of business operations and mentorship program. AAO held first Dhanasar prong not met because proposed endeavor lacks evidence of national importance; retail shops lack scale and economic significance to qualify.

Human resources specialist with thirty years experience sought NIW for EB-2 classification. Proposed work in global mobility and personnel management. AAO found endeavor of substantial merit but lacked national importance; work for single employer lacks broader field implications. Second and third prongs not reached.

An entrepreneur and global marketing specialist sought EB-2 NIW for expanding a digital signage business in North Carolina. The AAO affirmed the director's finding that while the endeavor has substantial merit, the petitioner failed to demonstrate national importance under Dhanasar's first prong. Business projections were unsupported and lacked evidence of broader field impact.

Entrepreneur sought NIW as EB-2 exceptional ability individual in business. AAO affirmed that petitioner failed to establish advanced degree or exceptional ability qualification under underlying EB-2 category. Dhanasar framework analysis not reached due to lack of prerequisite eligibility.