Published AAO appeal decisions

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

Supply chain management researcher self-petitioned for EB-2 national interest waiver. Service center denied waiver despite advanced degree qualification. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

A business administrator sought EB-2 classification as advanced degree professional or person of exceptional ability, plus NIW. SCOPS denied both. The AAO remanded, finding SCOPS misrepresented the record, confused two separate petitions, and did not provide meaningful opportunity to contest. No opinion on ultimate merits.

A management and financial analyst sought an EB-2 national interest waiver for a business venture. The AAO dismissed her second motion to reopen and reconsider because she submitted no new facts or evidence, and her contentions reasserted already-rejected arguments without establishing legal or policy error in prior decisions.

Business and marketing professional seeking NIW as EB-2. Motions submitted articles on small business economic importance and job-creation multipliers. AAO held first prong failed because industry importance differs from specific endeavor importance; claimed job creation projections lack foundation and do not reach substantial positive economic effects.

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.

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.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

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.

A consultant proposes to form a small business improving veterans services and wounded warrior reintegration. The AAO held all three Dhanasar prongs were met: the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it with demonstrated expertise and a credible business plan, and the United States benefits from waiving the job offer requirement given his expertise and past success.