Published AAO appeal decisions

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.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

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.

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

Marketing manager in health consultancy field with advanced degree seeks EB-2 NIW for proposed work assisting U.S. companies with branding and management optimization. Director found substantial merit. AAO affirmed denial, holding proposed work lacks national importance because it does not impact field broadly or create substantial economic effects beyond individual client transactions.

Business administrator sought EB-2 with NIW for consulting company helping businesses avoid closure. AAO dismissed appeal, finding substantial merit but no national importance; petitioner failed to demonstrate impact beyond company clientele or substantial U.S. job creation.

A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.

A marketing manager and entrepreneur sought EB-2 NIW to establish a digital marketing consulting agency in Florida. The AAO dismissed the appeal, finding the business had substantial merit but lacked national importance as required by the first Dhanasar prong; the endeavor would only benefit the petitioner's clients, not the broader field.

Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.

Change management specialist in human resources seeking EB-2 with NIW to establish consultancy serving small and medium businesses on diversity and inclusion. Demonstrated strong professional record. AAO affirmed denial: lone consultancy business lacks national importance; individual accomplishments relate to personal qualifications, not endeavor impact required by Dhanasar.

Operational risk manager and consultant seeking NIW for EB-2 advanced degree classification. Claimed national importance through preventing financial losses and white-collar crime prevention. AAO held proposed endeavor lacks national importance or broader implications beyond client work; insufficient evidence of field-wide impact.

A business manager seeking EB-2 NIW classification proposed a startup consulting company planning to employ thirty workers at modest wages. The AAO dismissed the appeal, finding the local startup lacked national importance or global implications within any field despite prior work achievements.

Supply chain manager sought EB-2 with NIW. AAO dismissed appeal, finding petitioner lacks advanced degree and failed to show national importance of proposed endeavor in cell tower maintenance industry, focusing on field importance rather than specific endeavor impact.

A business operations specialist sought NIW EB-2 classification proposing a revenue management consulting company for tourism sector small businesses. The AAO found the endeavor has substantial merit but not national importance; statistics about industry size do not establish broader field impact.

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

A career development mentor and training consultant in beauty services sought EB-2 national interest waiver. The AAO dismissed because her consulting company for beauty salons lacked national importance: it would not impact the industry broadly, and projections of modest revenue and two employees did not establish substantial economic effects nationally.

A logistician seeking EB-2 NIW classification claimed a transportation services startup would improve supply chain operations and create jobs. The AAO dismissed the appeal, finding the specific endeavor lacked national importance despite the importance of the supply chain industry; unspecified economic benefits and job creation insufficient.

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by Dhanasar.

Self-petitioner customer service provider and manager seeking NIW as EB-2. Claimed unique background and field importance establish national significance. AAO held the occupation's importance is immaterial; the specific endeavor lacks documentation of prospective impact beyond immediate employer or industry-wide influence.

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

An operations manager with foreign bachelor's degree sought EB-2 national interest waiver. The AAO dismissed because she lacked required advanced degree and her proposed endeavor—improving financial practices at one employer—lacked national importance absent evidence of broader industry or economic impact.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal dismissed.

A supply chain specialist sought national interest waiver for a proposed independent venture. The AAO dismissed, finding the endeavor lacks national importance because it would benefit only her clientele without extending to broader regional or national economic effects, despite her qualifications.