Published AAO appeal decisions

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.

Management consultant sought EB-2 exceptional ability or advanced degree classification with national interest waiver. AAO found petitioner categorically ineligible for EB-2 and failed first Dhanasar prong, as management consulting services to Florida businesses lacked demonstrated national importance or broader economic impact.

Chief executive officer seeking NIW for travel agency startup. Established EB-2 eligibility with advanced degree but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader field implications or substantial positive economic effects required.

Supply chain specialist and entrepreneur in event services sought NIW under EB-2 exceptional ability. AAO withdrew director's exceptional ability finding, finding petitioner failed evidentiary criteria. Ineligible for underlying EB-2 classification; NIW eligibility not reached.

Human resources professional with foreign bachelor's degree equivalent sought NIW under EB-2. Petitioner failed advanced degree requirement and did not establish national importance of proposed endeavor. AAO dismissed appeal, finding professional shortage alone insufficient without demonstrating significant prospective national impact.

A consultant with advanced degree seeking EB-2 with NIW demonstrated EB-2 eligibility but failed NIW requirements. The AAO upheld dismissal: the consulting endeavor lacked national importance, and the petitioner's expertise, though qualified, did not exceed ordinary field level.

General and operations manager and entrepreneur sought EB-2 advanced degree with NIW for marketing services business in Florida. AAO affirmed denial, finding endeavor lacked national importance; job creation and revenue projections do not establish substantial positive economic effects for the nation.

Business consultant with advanced degree sought EB-2 NIW for managing consultancy. AAO affirmed denial, finding proposed endeavor lacked national importance under Dhanasar; petitioner materially altered claims after request for evidence and showed no field-wide impact.

Business administrator with advanced degree sought NIW. AAO held petitioner failed to identify specific proposed endeavor consistently, providing conflicting information on appeal. Cannot establish merit or national importance. Appeal dismissed.

An insurance sales manager sought NIW for EB-2 to operate an insurance consulting company. The AAO affirmed dismissal because the specific endeavor lacked national importance despite industry significance; projected employment and profits insufficient to demonstrate substantial economic effects at national level.

Lawyer seeks EB-2 NIW to create and operate consulting company focusing on Uzbekistan and Central Asia trade and investment. AAO held proposed endeavor has substantial merit but lacks national importance; recommendation letters contain vague assertions without specific evidence of U.S. economic impact or job creation.

Real estate developer sought NIW under EB-2. Petitioner claimed his development endeavor has national importance and substantial merit. AAO held the proposed endeavor lacks national importance because petitioner failed to demonstrate its projected employment or economic benefits distinguish it from ordinary industry work or have substantial prospective national impact.

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. Appeal dismissed.

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.

Business analyst with advanced degree sought national interest waiver for EB-2 to start financial consulting startup. AAO found proposed endeavor lacks national importance due to inconsistent business descriptions, unresolved evidentiary gaps, and lack of industry documentation. Appeal dismissed.

Marketing manager with 15 years experience in Brazil sought NIW for self-owned marketing business. Petitioner claimed national importance based on job creation and economic impact. AAO affirmed denial because proposed endeavor lacked sufficient evidence of national importance or broader industry impact beyond serving clients.

Business administrator sought NIW under EB-2. Petitioner qualified as advanced degree professional but failed national importance prong. AAO dismissed, finding individual business consulting lacks substantial prospective economic effects or broader field impact required by Dhanasar.

A private security specialist sought EB-2 exceptional ability and NIW. The AAO found the petitioner met only one of six exceptional ability criteria, failing the threshold. Although analyzing Dhanasar as alternative, the AAO concluded the specific proposed endeavor in school emergency preparedness lacked national importance.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.