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.

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 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.

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.