Published AAO appeal decisions

CEO and trucking-logistics company owner claimed national interest waiver for EB-2. Service center found advanced degree qualification but denied waiver; AAO dismissed appeal, holding proposed endeavor lacks national importance under Dhanasar first prong because revenue data and job projections do not demonstrate substantial regional or national economic effects.

A program officer in international development with advanced degree seeks EB-2 NIW classification. Petitioner's professional experience in refugee resettlement and development was substantial, but AAO found the specific proposed endeavor lacked evidence of national importance. Appeal dismissed under first Dhanasar prong.

Consultant and entrepreneur proposed establishing consulting company serving SMEs. AAO held the endeavor lacks national importance because petitioner showed only direct client benefits and failed to demonstrate broader field impact at level required by Dhanasar.

A business consultant mentoring immigrant entrepreneurs claimed extraordinary ability. The AAO found he did not meet the threshold of three evidentiary criteria and, alternatively, that he failed to demonstrate sustained national or international acclaim and place among the very top of his field.

A real estate broker seeks extraordinary ability classification. She claimed membership and high salary criteria. The AAO affirmed denial because she did not receive a major award, did not meet three alternative criteria, and did not establish sustained national or international acclaim required for EB-1A.

A business executive in the pomegranate industry sought EB-1A extraordinary ability classification. The AAO dismissed motions to reopen and reconsider, finding the petitioner failed to establish three required criteria on published material and high salary, and did not meet the initial evidentiary threshold.

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were not addressed.

An IT project manager with advanced degree claims NIW to establish healthcare consulting company. AAO dismissed appeal, finding although underlying EB-2 eligibility established, proposed endeavor lacks national importance; job creation projections insufficient without evidence of regional or national economic impact.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

Business consultant self-petitioner claimed six extraordinary ability criteria. AAO dismissed motion to reconsider, upholding prior findings that published material, original contributions, and scholarly articles criteria were not met. Membership and leading role criteria were reserved as unnecessary since three criteria minimum was not satisfied.

A barber and entrepreneur sought EB-2 NIW to establish a barbershop and school. The AAO dismissed a third motion to reopen and reconsider, finding the petitioner failed to demonstrate national importance of the endeavor and did not meet criteria for exceptional ability; new industry articles about barber shops did not specifically address this applicant's particular proposed endeavor.

Aviation consultant seeks EB-2 with national interest waiver. Claimed proposed company would provide economic revitalization, employment, and advance aviation safety. AAO held endeavor lacks national importance: limited employment potential, no evidence of industry-wide impact, and unsubstantiated claims about safety and sustainability.

An industrial production management consultant self-petitioning for EB-2 NIW sought to establish a consulting business providing operational efficiency services. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance beyond local business impacts and employment projections, failing the first Dhanasar prong.

CEO of automobile detailing and product retail company claims NIW for business expansion to New Jersey and California. AAO held endeavor lacks national importance; vague expansion plans without specific locations prevent establishing significant employment or economic effects.

HR manager and entrepreneur sought EB-2 NIW to establish consulting firm. AAO found she lacked advanced degree equivalency and that her proposed endeavor, though having substantial merit, failed to demonstrate national importance because it would not impact the HR field broadly or generate substantial economic effects beyond her future clients.

An entrepreneur and training specialist sought an NIW after obtaining an advanced degree. The appeal was dismissed as moot because the petitioner obtained permanent resident status through an approved petition before the AAO decision.

A business executive petitioned for EB-1A extraordinary ability status based on nine claimed criteria, including awards, membership, and high salary. The AAO found no major award and rejected lesser prizes and membership as nationally or internationally recognized. High salary finding was withdrawn due to insufficient documentation. The petitioner did not meet the initial three-criterion threshold and lacks sustained national or international acclaim.

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

A Canadian business manager and entrepreneur seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met zero evidentiary criteria required for extraordinary ability and lacked sustained national or international acclaim as required by statute.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

Administrative services and facilities manager sought EB-1A extraordinary ability classification. AAO dismissed because petitioner failed to meet the minimum three of ten evidentiary criteria. Awards and membership criteria were not met; artistic exhibition criterion inapplicable to administrative work; record did not demonstrate sustained national or international acclaim.

A logistician sought EB-1A classification claiming four evidentiary criteria. The AAO affirmed dismissal, finding the petitioner failed to document individual association membership and lacked evidence of judging others' work in logistics. Meeting only two of ten required criteria precluded reaching final merits analysis.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.